Ask a CCCS counsellor a question

Vicky70

Hi,

We have a CCJ with one of our creditors and they also took us to court to place a charging order on our property which is now in place.

We have been making token payments to all our creditors as advised by CAB including to the one who have a charging order on our home.

My questions are as follows:
1)Do we still pay this token payment to the creditor who now have a charging order on our property??

2)As our finances improve and we are able to pay more to our creditors do we not include this one as they have a charging order??

Many thanks for your advice.
Vicky Adams

CCCS_Matthew

swt61 wrote: »

Hi, I am in A DMP woith POay Plan at the moiment but are not really happy with them with regards to advice needed over the last 6 months they are very slow to respond.

My urgency is to change DM Companies to a better one the main reason is that 1 creditor for an unsecured Loan in my sole name has manged to get a CCJ ( No problem) as this was the same amount i have been paying them under the DMP anyway but they also at the same time apoplied for a charging order which the case was adjourned about 3 times but the last date was asked by ourselves to be adjourned again due to me not being able to attend due to a new job the Court Refused & the hearing went ahead so they now have the Final charging order. I have not missed any payments under the CCJ and need to try & appeal against this urgently as the court case was on the 17th Feb 2010 the debt was unsecured & only in my wifes name the creditor has been a pain even to Pay Plan not responding to requests for copies of Statement of account or original agreement niether to myself or them.

Can anyone help me please I need to discuss urgently today or Tomorrow.

Does the CCCS offer face to face appointments ?

My ;evel of Debt is just under 40k in total & I have equity in my property

I have really had enough now of all of this

Kind Regards,

Simon

Hi Simon.

You're welcome to have an appointment with us should you wish. The main method of providing advice is via the online tool Debt Remedy, or over the telephone. We can offer a small number of face to face appointments but these are limited to only a couple of our offices.

If you want advice straight away then you can normally complete Debt Remedy within 20-30 mins and can use online chat or call the web support team if you get stuck. Debt Remedy will assist you in completing a full financial statement and you will be provided with tailored advice on the best way to deal with your debts. To get advice straight away, click here to be taken directly to Debt Remedy.

If you would prefer to talk to a debt counsellor about your situation, you can book a telephone based appointment by calling our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.

As far as the charging order is concerned, you are quite restricted to what you can do to appeal against it. Once a final charging order is granted it has been registered against the land registry so I think you would struggle for this to be overturned. If you wanted to appeal, you could request a court hearing in front of a judge. To do this you would need to fill out an N244 form from the local county court and pay a fee of £75 (unless you are on benefits). However, if you want me to be honest I don't know whether a judge would consider overturning a charging order if there is equity in your property. The charge won't force you to sell the house, it will normall sit there until you pay it off in instalments via the CCJ, or in the event you do choose to sell at some stage.

Hope this helps.
Matthew.

CCCS_Matthew

mandrakeball wrote: »

Hiya,
Quick question! I am entering a DMP with CCCS, I've opened a new bank account. I've opened a basic account with Lloyds TSB with no O/D facility obviously! I thought they had no associations with my creditors - but they took over HBOS last year(???). One of creditors is Halifax - should I avoid using my Lloyds TSB account? Is there a real danger of them grabbing my funds from the account?

Everything is set up now - so annoying, only saw it in the paper about the take over this morning. Soon it will be one global bank!

Bests.

Hi there.

Although Lloyds took over HBOS, they are still seperate entities. They have seperate systems so cannot take money from one account to another. In the even that they merge completely under one name, that's when you may need to change. Obviously if this were to happen we would make everyone aware that they need to change over to be safe. For the time being though, you have nothing to worry about!

Good luck with the DMP.
Matthew.

CCCS_Matthew

Leggy11 wrote: »

Hi i am new to this. currently signing up to a DMP.............what i am worried about is i need to renew my mortgage next year and i need to know if this will be possilbe as my credit rating is bad and i will be on DMP..........can anyone help

Hi there.

A DMP will have a negative impact on your credit file, so it may affect your ability to get the best rates for the highstreet lenders. Once you are at the stage where you need to remortgage we can put you in contact with a broker we use who can discuss your options surrounding your mortgage. If all else fails then you have always got the option of going onto the SVR with your current lender.

Regards,
Matthew.

CCCS_Matthew

slicsav wrote: »

Is an offer by one of my creditors regarding a 9500 debt paying 96.00 pm over 10yrs classed as an IVA? -

And they've told me it will stay on my credit report for 6yrs

Hi there.

An IVA is an agreement with all of your creditors to pay a fixed fee through an insolvency practitioner over 5 years which aims to wipe out a set percentage of what you owe.

The arrangement you have sounds as though you they have agreed an informal arrangement whereby you pay a reduced amount until the debt is cleared. It will be registed on your credit file for 6 years as the lender will default the original agreement which shows to future lenders you broke the original terms.

Hope that helps,
Matthew.

huskypup

Just a quick question - and just wondering if you know the answer as I am getting allsorts of answers from everyone.

I am aware of the offsetting rule - of using money in bank accounts to pay off debts - which is why you open bank accounts with no associations with your creditors - this is where it gets complicated!!!!!

We have an offset mortgage with the one account - which though is seperate is underwritten by Royal Bank of Scotland, we owe money to Tesco credit cards and loans - now they are also underwritten by the Royal Bank of Scotland = I can't move my mortgage - we have opened a new bank account - and money will be transferred over to the One account to cover the mortage interest and some for the repayment - now will RBS take some of that repayment money and pay themseleves!!!!

I know it sounds complicated but we are quite worried by this.

razer12121

can i ask someone in the know to look at this....

http://i144.photobucket.com/albums/r175/razer12121/img019.jpg

now i of course want to pay this of but only the £300 that i owe, argos im guessing has sold the debt on the moorcroft, to cut a long story short i was in getting little amounts of pennys from my wages due to teh CSA and could not pay any of my debts, instead of telling them this i ignored letters and so on, but now im able to pay it i want to just £75 on top is abit stupid and there must be somthing i can do about it? ive read also alot about how moorcroft will mess me about when i make the repayments, i can just about afford 40 a month but not untill next month.....also im very rubbish at writing up letters so any help on what to put there would be great, im at a real loss here at the mo thanks guys!

CCCS_Matthew

GCusdin wrote: »

Hi.
Iam having trouble with baliff and would like some info.
My partner has 2 liability orders for coucil tax which we had the baliff turn up on the door yesterday to collect.
He was refused entry and gave us a letter and said he would be back tomorrow.
I have contacted the council and asked them to recall the account and made a payment. They refused to recall the account and said if we want to make an agreement I should speak to the baliff and agree with him.
I still don't want the baliff in but have made a payment and am still willing to make an agreement.
He came down again today and was refused entry and refused to disscuss anything. He then informed me he would return again with a warrent for my partner's arrest. Can they do this?
I have not been provided with the order's or any breakdown as to why they have put £160 extra on the bill from the first visit.
How do we get an agreement in place without having the baliff in??
Thanks

Hi there.

You certainly have the right to refuse entry to your property, as this prevents their ability to take goods to repay what is owed.

Imprisonment is very rare for Council Tax, and as a rule is a last resort when someone refuses to pay. In your case it's not that you don't want to pay, but the bailiff is clearly being difficult into coming to an arrangement. From my experience a bailiff will normally advise straight away how much is owed and what kind of a timescale they want it over. In the event that you can't pay the amount they want, they'll go back to the council to try and get an attachment to your earnings to deduct it at source.

My advice would be to still stand your ground in not letting them in. Advise them of what you are prepared to offer, and if they refuse, get straight on the phone to the council and make a complaint against the bailiff. Make sure you pay what you can afford there and then, as this helps show that you have certainly not refused to pay the arrears which will give them no grounds for arrest. Have you got the ability to borrow the full amount off family perhaps to pay the bailiffs off to save any further worry or added costs?

Matthew.

CCCS_Matthew

Vicky70 wrote: »

Hi,

We have a CCJ with one of our creditors and they also took us to court to place a charging order on our property which is now in place.

We have been making token payments to all our creditors as advised by CAB including to the one who have a charging order on our home.

My questions are as follows:
1)Do we still pay this token payment to the creditor who now have a charging order on our property??

2)As our finances improve and we are able to pay more to our creditors do we not include this one as they have a charging order??

Many thanks for your advice.
Vicky Adams

Hi Vicky.

1) It's good practice to always pay something towards a charging order. Often the court will grant an instalment order of what should be paid on a monthly basis, so it's worth looking at the paperwork to check. If no payment was set out definitely pay something anyway, as this will reduce the chance of them going for an order of sale.

2) Yes, I would look to pay more to the charging order in line with the rest of the debts when things improve.

Regards,
Matthew.

CCCS_Matthew

huskypup wrote: »

Just a quick question - and just wondering if you know the answer as I am getting allsorts of answers from everyone.

I am aware of the offsetting rule - of using money in bank accounts to pay off debts - which is why you open bank accounts with no associations with your creditors - this is where it gets complicated!!!!!

We have an offset mortgage with the one account - which though is seperate is underwritten by Royal Bank of Scotland, we owe money to Tesco credit cards and loans - now they are also underwritten by the Royal Bank of Scotland = I can't move my mortgage - we have opened a new bank account - and money will be transferred over to the One account to cover the mortage interest and some for the repayment - now will RBS take some of that repayment money and pay themseleves!!!!

I know it sounds complicated but we are quite worried by this.

Hi there.

Although underwritten by RBS, Tesco are a seperate entity so they could not offset money from your one account to pay the credit cards etc. I assume your new bank account is away from RBS?

Regards,
Matthew.