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Ask a CCCS counsellor a question

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  • CCCS_Matthew
    CCCS_Matthew Posts: 922 Organisation Representative
    Part of the Furniture Combo Breaker
    jaja wrote: »
    Hi there
    I have been advised from another poster to re post my thread here (and of course forgot to c&p so start again.

    Having been in difficulties before the CAB sorted out our debts 3 years back and we have been making payments ever since. The RBS suddenly decided they wanted total repayment of our debt 11k, we immediatly wrote back with an I&E explaining we could not afford that or to increase payment but would continue with the DD we were paying. Of course they did not get that (conveniently) so threatened us with court action, wrote back again and sent RC with the same.
    Court papers arrived, saying they would file on November 9th (a Sunday) so we have been waiting for a date to attend and defend our case.

    Received a CCJ today demanding over £700 per month, we dont even have £7 per month spare as can be seen on the 3 copies of the I&E they have.

    In a total state of panic now, not knowing were to turn. I have had some wonderful advice so far, but was also advised to ask on this section.

    OH intends to phone the court tomorrow morning, and now knows he has to ask for a form to send to local court.


    Payments have been kept up and taken by DD each month without fail.

    Hi there.

    When you recieved the inital court papers did you send of the N1A admitting the claim, making an offer of payment? If so, did the court advise why your offer of payment was rejected, which led them to asking for the £700 a month?

    I'll just need to know those details first in order to provide you with the correct advice to get this sorted.

    Regards,
    Matthew.
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • CCCS_Matthew
    CCCS_Matthew Posts: 922 Organisation Representative
    Part of the Furniture Combo Breaker
    Nicki_Sue wrote: »
    Hi
    My first post on this thread! I have a DMP with CCCS (started 1st October), made Oct and Nov payments but wont be able to make Dec payment - our car died in Sept and our borrowing of cars has run out and we needed to get another one (no car and I dont work - my wage pays the dmp!). I rang cccs who were lovely and said a car was a necessity, that theyd send a note to all creditors explaining the situation and make the Jan 09 payment as usual (no problem). CCCS have been fab but I am still worried about the impact on my dmp - obviously it doesnt send a great message to my creditors to take a month off it so soon (and when it looks like Ive done it for xmas iyswim?).

    What effect is this likely to have long/short term? (Really beating myself up about this!).

    Hi there.

    Try not to worry, these kinds of things happen all of the time. Providing you don't get into the habit of missing payments (which I'm sure you won't!) creditors tend to be fairly understanding. Once you are showing that you are making regular payments, the odd missed payment that is justified with a reasonable excuse tends not to have a negative impact on a DMP.

    Regards,
    CCCS
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • CCCS_Matthew
    CCCS_Matthew Posts: 922 Organisation Representative
    Part of the Furniture Combo Breaker
    alfiemama wrote: »
    Hi sorry hope you dont mind, but I am posting again as I think my post has got lost in the system.

    Hi I wonder if anyone can help?

    We have contacted black horse with regards to a debt (unsecured that we have) after advice from ccccs and payplan who advised as we have no money left to make an arrangement to offer £1 a month.

    We have just had a chap from black horse come round and we discussed facts and figures (where not bothered about as dont want to hide want to be upfront with them).

    Our prob is that we also have a caravan with the same company but under a different agreement, after advice we have been told on hp have to keep paying it, which we are upto date. But he is saying they will take off us and pay the debt off the other loan as this is a luxury, he said we will then have to make an arrangement to pay off both loans as this is classed as a liability!!!!!!! can they do this and what are our options, we were going to sell in spring when season good and pay the debt off, but he said they prob wont allow us to pay the debt off, very confusing.

    Also we have our mortgage with lloyds tsb and he was talking about mortgage attatchments!!!!

    We have been honest with this chap and he can see the only reason we are in this mess is hubbys commision due to the credit crunch, we dont have masses of debt so cant cutback anywhere, which is where he agreed with us.

    any help appreciated

    Hi there.

    I can assure you that Blackhorse do not have the ability to take the caravan away from you. If it's on HP, it's a totally seperate agreement to your loan with them. Legally they cannot offset one debt to cover the cost of the other one, and neither can they attach the debt to your mortgage.

    If the caravan is on HP, then you wouldn't be able to sell it yourself as it's not classed as yours outright until you've paid for it in full (unless you get it in writing from Blackhorse).

    I would be inclined to complain to Blackhorse about misleading you, as this is clearly something that the OFT mention as being unreasonable when it comes to collection of debt.

    Don't be bullied into anything, and stick to your guns.

    Hope this helps,
    Matthew.
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • Nicki_Sue
    Nicki_Sue Posts: 1,263 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Thanks Matthew.
    Guess I have to notch it up to an unavoidable experience and make damn sure it doesnt happen again. I hate cars lol!
    MSE-ing since 2007
  • Hi, guys,

    Not sure if this is the right place to post this but i need help.

    To cut along story short, my girlfriend lost her job 2 years ago, as her company went bust, so she last a whole months wages. We went £1900 overdrawn with HSBC, things got worse and 2 other account went overdrawn as we tried to make ends meet.

    In the end HSBC were charging £150 fees on each account but still paying the DD's. We just let them as the bills were being payed. We ended up best part of £5000 overdrawn in total on all 3 accounts.

    We decided to move our wages into another bank, so we could try and sort it. We paid off £3000, which we got from Family help, then have been paying £30 into each account, each month.

    Today i got a final demand letter, for one of the accounts, we have tried to talk to them and have been messed around, like the said they would call us and never did.

    This amount is £890 but we own £1900 in total, i spoke to them tonight and gave in all our outgoings, and even thought i paid them a total of £90 each month for the 3 accounts, they say they can not help, and all we can do is do an IVA.

    We are just keeping our heads above water, and not gone behind on another bills, such as mortgage etc but really struggling to afford to buy food, but to us the bills are the most important thing.

    They say that if i dont sort it with 7 days, they will take us to court, over £1900 and get the debt collectors in.

    We dont want to do an IVA, can they make us over £1900? and do you think they will take us to court, even though we are paying money into the accounts and not using them?

    Any help would be great as they have done a great job of scaring us.

    Thanks

    Mark and Jo
  • Hi

    I was wondering if you could help, i am currently in a lot of debt and have over the past year 'buried my head in the sand' At the beginning of the year i did seek help and signed up for a DMP but unfortunatly due to me getting ill and having to leave my job i could no longer pay.

    I ahve since just buried my head deeper. I have recieved 1 CCJ which is registered to my moms address, i have since tried to change my address with the company but they dont seem to be changing my address....who would i have to do this with??

    Does a ccj get registered to an address or a person? as i dont want my mom and dad being affected by my bad credit?

    Thankyou in advance
  • I am on a DMP and most of my debt is with HSBC. I make my first payment on 1st December to CCCS. I had a letter today from HSBC, saying they are willing to accept my payments, on the basis of the debt being consilidated into a managed loan. I only have ten days to accept this agreement, however I'm not sure if I should accept this? It seems like a very positive thing to me, however I would like a bit of advice on what I should do in response.

    Thanks, I have emailed CCCS about this quoting my client number etc aswell.
    Twitter: @haddockman83
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    I am about to start a DMP myself after speaking to the CCCS who said that as my situation could be changing in the next 6 months I should not officially enter into a DMP but should contact the creditors to let them know that currently I can only afford a reduced token payment. The reason that my situation 'may' change in the next 6 months is that I have a few buy-to-let properties that I hope I can sell as the rent is not covering the mortgage so I'm having to cover the shortfall myself.

    Anyway, the advisor at CCCS said that I should not go into too much detail about my properties when I send them the letter explaining my situation. Should I not mention them at all? Also, if I send the creditors the budget sheet it will show that some of my money goes towards covering the shortfall. Should I not send that either?

    Thank you.


    You will be fine sending them a copy of your budget, just don’t go into to details with them. I would suggest you set up your token payments with them and just leave it at that, you don’t have to justify yourself to them.
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    jaja wrote: »
    Hi there
    I have been advised from another poster to re post my thread here (and of course forgot to c&p so start again.

    Having been in difficulties before the CAB sorted out our debts 3 years back and we have been making payments ever since. The RBS suddenly decided they wanted total repayment of our debt 11k, we immediatly wrote back with an I&E explaining we could not afford that or to increase payment but would continue with the DD we were paying. Of course they did not get that (conveniently) so threatened us with court action, wrote back again and sent RC with the same.
    Court papers arrived, saying they would file on November 9th (a Sunday) so we have been waiting for a date to attend and defend our case.

    Received a CCJ today demanding over £700 per month, we dont even have £7 per month spare as can be seen on the 3 copies of the I&E they have.

    In a total state of panic now, not knowing were to turn. I have had some wonderful advice so far, but was also advised to ask on this section.

    OH intends to phone the court tomorrow morning, and now knows he has to ask for a form to send to local court.


    Payments have been kept up and taken by DD each month without fail.

    Try not to panic, it can be sorted. Is this a N30 Judgment for claimant in default? It should have the type of form in the bottom left of the papers.

    You will need to complete a form called a N245, there maybe a fee for this depending on you circumstances up to the value of £35. The N245 will give you the opportunity to put forward your income and expenditure and make a new payment offer.

    You can collect a copy of the N245 from your local county court or print them from this website http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do .

    Once the forms are completed, you will need to take them back to your county court and the payment will then be re assessed.
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    Hello there wondered if you can help-

    Can a DCA recommend the origonal creditor re-instate interest and charges on a debt that is being paid to the DCA at the agreed time and amount.

    Equidebt have written to me requesting I call them for a review and if i do not this is what they intend to do. I have told them many times I will only discuss matters in writing.

    How do you advice I go forward with this

    Many thanks

    Thanks for your message.

    This is a gray area. You would need to know your original rate of interest and see what was mentioned in your terms and conditions. The creditor can still charge interest, however if this is higher than the original rate you should seek advice from the office of fair trading with regards dual interest.
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
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