At the end of my tether....

DonutUK

Thanks to a company called TBI Financial i now have a CCJ against me. Best bit is they have objected to my rate of payment offer, and the Judge has determined that i need to pay the whole £2500 in one go!

I am in a DMP with Payplan, who i suspect has not sent the most recent Income/outgoings to the court, which i recently updated and which would have increased TBI's payment by 50%.

TBI are the only one of my creditors not to accept the DMP offer. Why is there always one?

I owe in total £21k, and my wife owes the same, so joint debts total £42k.

However, we are effectively separated, although still living in the same house, but not as husband and wife. Long story, but basically neither could afford to move out, she could have got council help but would have severly disrupted eldest childs education because it would entail a school move so this is best solution, or at least was at the time.

The DMP is still in joint names, and i am paying it. Have thought about splitting the debts, but as she has no income at the moment, not sure how that would work.
Also, it would leave me with a seemingly large disposable income which in reality isn't disposable, because i still pay most of the bills, shopping, kids, car insurance for both cars etc. Although when she was working she did pay her own way.

Terrified of going bankrupt, because as far as i can see it would mean losing the house, would mean i would have to give up doing something i love (school governor) and just really worried about my prospects for getting a rental property.

Also, what happens to my wages if i go bankrupt....they get paid straight into my account which would be frozen?

Just can't think straight about what to do next.

RAS

Donut

Payplan will have made an admission your behalf not submitted a defence, which is why the CCj went pear-shaped.

Can you pm 10past6 who is good on CCjs and charging orders.

You need to ask for a redetermination of the case to get monthly payments arranged. ONly use payplan for confirmation of your budget, not to handle the case.

We need to understand whether this £42K is your debt, her debt or joint? And is the house in both names?

is there any equity in the house?

DonutUK

RAS wrote: »

Donut

Payplan will have made an admission your behalf not submitted a defence, which is why the CCj went pear-shaped. They got me to fill in the admission part of the forms, and said they would send that in with a budget.

Can you pm 10past6 who is good on CCjs and charging orders. Will do.

You need to ask for a redetermination of the case to get monthly payments arranged. ONly use payplan for confirmation of your budget, not to handle the case.

We need to understand whether this £42K is your debt, her debt or joint? And is the house in both names? £42 is both mine and her debts added together, individually we owe £21k each.

is there any equity in the house? Not really sure to be honest....house was £125k when we bought in 2004, mortgage is around £100k, last property sold in our road was in 2006 and went for £120k.

Hope this helps.

One thing to add is that TBI have been responsible for the account since Nov 2006, and only raised the issues in Nov 2008, admittedly due to a missed payment because of a banking error. Payplan never attempted to collect the payment again, so all creditors got missed in Nov 08. No others have made an issue out of it.
Prior to Nov 2008 i have not missed a single payment since the plan began in April 2005.

RAS

Donut

Thanks for this.

We are seeing and increasing number of people whom Payplan have asked to sedn an admision instead of a partial defence or defence.

You seem to be suggesting that you and OH have no joint debt? If so, if you go BR then she or someone else can buy the beneficial interest in the house. The cost of that would depend on how much actual equity there was (roughly half the equity). Any joint unsecured debt would become here responsibility.

Can you try and scan or photograph the original default letter and post a link for for 10past6?

Also give us the dates of the termination letter, default letter, first notice re the CCJ and date of the judgement.

DonutUK

RAS wrote: »

Donut

Thanks for this.

We are seeing and increasing number of people whom Payplan have asked to sedn an admision instead of a partial defence or defence.

You seem to be suggesting that you and OH have no joint debt? If so, if you go BR then she or someone else can buy the beneficial interest in the house. The cost of that would depend on how much actual equity there was (roughly half the equity). Any joint unsecured debt would become here responsibility.

Can you try and scan or photograph the original default letter and post a link for for 10past6?

Also give us the dates of the termination letter, default letter, first notice re the CCJ and date of the judgement.

I cannot find the original default letter, however something strange (at least to me) has come to light.
The original debt was for a Liverpool Victoria account, and TBI have been receiving our payments since Nov 2006.
I have a letter dated 9 Dec 08 from solicitors at the same address as TBI, yet different from the ones acting in the court judgement, which states that in Sept 06 LV sold their rights to the debt to TBI and this (9 Dec) letter is formal notice of that. Seems strange to send me formal notice over 2 yrs since the event.
This letter is also the first, and only, one to mention court action.

I will scan this in for 10past6.

I really cannot remember the date of the termination letter but it would have to be late 2004/early 2005.

The date of judgement is 4 Feb 09.

The house is in joint names, and 2 of the debts are joint debts, being from joint bank accounts.