DMP Mutual Support Thread (Part 5)

crafty1

Skintlady wrote: »

i started the ball rolling with my DMP in feb and the most i have heard from EGG are a default and they have said they are referring me to a DCA have,'t heard anything since, but im waiting on something dramatic from them!!!Anyone new on DMP feel safe in the fact you have probably done the best thing financially , i,ve never felt so good about my finances since i started this!!!
Just dawned on me today i actually look forward to getting mail now lol, i used to be terrified!!!

I'm hopefully going to be starting my DMP next month - I am looking forward to having money to buy things (food/petrol) nothing extravagent I'm also looking forward to checking my online banking and seeing credit instead of absolutely dreading logging on! But i'm terrified of what may happen regarding legal proceedings, especially when I read alot on here about forthwith judgements and charging orders:mad:

Skintlady

once it settles down most creditors go quiet and just accept the payments set by the cccs, most know that even if they take you to court that we have already been through the cccs had our outgoings, incomings examined and are paying what we can afford. If they took us to court the judge wouldn't make you pay more than you can afford either, so its a waste of time for them.

crafty1

I'll be back on Tuesday after speaking to CCCS, and hope I can start to offer others some support and encouragement!!

newlywed

crafty1 wrote: »

But i'm terrified of what may happen regarding legal proceedings, especially when I read alot on here about forthwith judgements and charging orders:mad:

Ok as far as I can work out from reading posts (loads on here):

1. If they go for a Default notice - it's just a black mark on your credit report and will stay there 6 years from date of default. So bring it on, the sooner the better as then by the time you're debt free your credit report will be improving

2. If they go for a CCJ - the judge will see that you've been paying your debts to the best of your ability and fairly distributed across all creditors and so is very likely to make the judgement for you to repay at exactly the same rate as the CCJ. If not, and the judgement is more, CCCS/Payplan will treat this as priority debt, make sure you have enough to pay that direct yourself and then rejig your DMP so everyone else gets a bit less. No real worries other than your credit file looking rubbish (which it probably already does anyway).

3. If they go for a charging order - it is just a promise that if and when you sell your house, you will pay off the remainder of your debt to them as soon as it's sold. It doesn't mean they can force you to sell it or anything like that, it's just like a promise that when you DO sell, you have to pay them.

So as long as you keep your DMP company involved with any of those that happen, they will make sure you can pay any CCJ or anything important like that and then everything will be fine and carry on as before (give or take a bit of possible court costs)


Don't take it as legal advice, but that's as far as I have been able to work out from posts here and comments on CCCS website.

geoffmr1

newlywed wrote: »

3. If they go for a charging order - it is just a promise that if and when you sell your house, you will pay off the remainder of your debt to them as soon as it's sold. It doesn't mean they can force you to sell it or anything like that, it's just like a promise that when you DO sell, you have to pay them. [/QUOTE]

This is mostly true, the one real downside to a charge is that it can & generally does prevent you from remortgaging. If you get into a position where you are able to remortgage it means you have to get extra to pay off the charge. This was the reason I fought so hard against HFC because whilst I'm not in a position right now to get a new deal due to my credit file, I hope in the future I will be, to try & find an extra 10k would've been impossible.

They can go for an order of sale if you don't stick to the terms of the CCJ but it's unlikely they'd get it unless you showed complete contempt for the Creditor, the Court & the Judge.

crafty1

Thanks everyone for you replies!! I've read and read everything I can, and I just hope if anything goes to court that everyone plays fair!

I've had some lovely replies/advice and I hope once I start my DMP i can help others out too:D

ladyday

Hi everyone, I hope everything is going well.

Marbles have let me know they are increasing my APR to 38.9% :eek: how kind of them :rolleyes:

Last week they phoned a few times, sent a text, letters and an email. When I spoke to them they claimed they had no knowledge of my DMP despite me writing twice and the CCCS writing to them. They are hopeless as they had no problem cashing my token payment which was sent with my letter informing them of the DMP.

They've agreed to halt the phonecalls for a month until they locate the paperwork from CCCS but they won't freeze the interest so I had £150 added to my balance last month and I expect more this month.

It was such a relief to see my first payment to CCCS go out of the bank this month, despite marbles being a pain I think this is the best thing I've done for a long time as I'm now back in control.

Daffykjs

Skintlady wrote: »

I Would say dealing with a debt management company makes you in financial hardship!!!
i pleaded hardship when i asked for my bank charges back (still have't got them back yet, but thats a different story).

Thanks, that's what i was hoping but wasn't sure. as really our pp payments aren't a huge amount under what the min payments we used to pay and my wage isn't bad on paper!

I'm going to start trying to claim back charges! ooh scary!! it looks like quite a process but i've put it off long enough!

Can't remember who asked, but i sent copies of all default letters and statements with charges on AND letters about being passed to another company to pp! for all i know they threw them away as soon as they got them. but i'd rather that than not send them something they might need. doesn't do any harm (and the original pp lady i spoke to said to send everything).

Kudox

RedAndBlue wrote: »

Have just noticed that at the bottom of the letter it says: Triton Credit Services is a trading name of The Royal Bank Of Scotland. Cheeky monkeys.

Hi I am dealing with Triton currently after they wrote saying they were acting on behalf of RBS. Up to then RBS were accepting my DMP payments but for some reason decided to start asking for the full amount.
I took a call from Triton and explained about the DMP and to cut a long story short she agreed to accept the payments again for another 6 months, without much hassle.
I think they are just trying to scare you, and it is very underhand trying to make you think they've passed the debt on when they are RBS by another name.
Incidentally CCCS just told me to write to them and inform them again of my DMP.

Skintlady

Kudox wrote: »

Hi I am dealing with Triton currently after they wrote saying they were acting on behalf of RBS. Up to then RBS were accepting my DMP payments but for some reason decided to start asking for the full amount.
I took a call from Triton and explained about the DMP and to cut a long story short she agreed to accept the payments again for another 6 months, without much hassle.
I think they are just trying to scare you, and it is very underhand trying to make you think they've passed the debt on when they RBS by another name.
Incidentally CCCS just told me to write to them and inform them again of my DMP.

A lot of the banks have in house DCA that just means they switch to different headed notepaper!!! i think its completely unethical that they act like another company when they are the same people. Its just to try and scare you!!!