DMP Mutual Support Thread (Part 6)

frankfish

Just a quick update, in second month of DMP, got statement in post from CCCS, (which was nerving as it looks similar to Hitachi letters), looks like one of the balances (IF) has gone up, hoping it is because they have used approximate balance to start with.

Also had a message on my phone to give them a call (I hate those messages), but decided to bite the bullet and give them a call. Turned out they were just wanting to confirm I was still with CCCS and my circumstances had not changed. Too scared to ask about balance and charges. They will call me back in a couple of months.

Northern Rock accepted plan from day one, all quiet on the Hitachi front, since they issued my Default Notice.

FF

Northstar68

Hi Guys,

I think thats what gets me, we get on the plan, do the right thing but the debt goes up before it can start to go down because of the charges
But it is so good to hear from those who are a few months down the line than us, it really helps, so thank you again!
Also we have this court hearing looming which we have to attend so I really hope all this will be up and running by mid Jan so we can send the judge all our paperwork and see that we are trying our best. I say looming, it's Feb, a lot can happen by then can't it, but still, it's at the back of my mind. I'm hoping they wont make us sell our house because we have the children.Oh god, there I go again, I need to snap out of this now...
PMA PMA PMA PMA

Kudox

the_tooth_fairy wrote: »

That's right they can't take what you haven't got!!!
Been reading these last few pages with interest. It's amazing how we all go through exactly the same worries at these early stages. Hang in! It only gets easier honestly!
My local bank are only getting £7 a month from Payplan for a £500 O/Draft.
Notice today they are adding £30 & £40 charges shortly. Grrr...
I've written to them going down the "financial hardship" route but am reluctant to do anything else so early on in the DMP.
Anyone have any thoughts? Thanks.

Hi Tooth Fairy, as we all know it's a bit of a lottery who stops interest and who doesn't, while one person has it stopped from the word go, the next person finds the same creditor the worst one's to deal with.
Personally I don't think it makes a difference what stage you're at in the DMP, if you want to write again maybe going a bit higher up then do, but not sure if it will make a difference.
I only got my bank to stop adding the interest and charges after they sold the debt to a DCA who then immediately got a CCJ granted, which was then set aside by the bank on the grounds that they had instructed the DCA "in error", their words. They were still charging so I wrote a very stroppy letter saying they were pushing me further into financial distress and threatening to report them to ombudsman and eventually they agreed to stop.
This was 9 or 10 months into the DMP.
Good luck with them. I'm sure it's sometimes a matter of who happens to open your letter and if they've had a good day or choked on their bacon sandwich that morning:rotfl:

Kudox

Northstar68 wrote: »

Hi Guys,

I think thats what gets me, we get on the plan, do the right thing but the debt goes up before it can start to go down because of the charges
But it is so good to hear from those who are a few months down the line than us, it really helps, so thank you again!
Also we have this court hearing looming which we have to attend so I really hope all this will be up and running by mid Jan so we can send the judge all our paperwork and see that we are trying our best. I say looming, it's Feb, a lot can happen by then can't it, but still, it's at the back of my mind. I'm hoping they wont make us sell our house because we have the children.Oh god, there I go again, I need to snap out of this now...
PMA PMA PMA PMA

Northstar, sorry if I missed something but are you talking about a court date for a charging order?
I'm sure even if this is granted then the charge only comes into force IF YOU decide to sell, I don't think it's a case of them being able to force you to sell.
Sorry if thats not what you were referring to.

Northstar68

Kudox wrote: »

Northstar, sorry if I missed something but are you talking about a court date for a charging order?
I'm sure even if this is granted then the charge only comes into force IF YOU decide to sell, I don't think it's a case of them being able to force you to sell.
Sorry if thats not what you were referring to.

Hi Kudox,
No probs at all, what happened is that when we embarked on the token payments per month before having the interview for the DMP, Alliance and Leicester were not happy with it and took my OH to court straight away, they sent those blue and white court papers via Restons Solicitors.
The Judge in Northampton saw all our paperwork and said that we must continue paying the £3 per month until the debt is cleared (it's 14K, 5K of which are charges and interest from the last year alone)

So great we thought.
Then a month later, about 3 weeks ago, we heard from our local court they A & L are going for a redetermination hearing and hubby must attend, it's in his name.
That is all we know. We havent asked for advice yet because we were told that once the DMP was up and running the CCCS would advise us what to do/say/write etc and as it's in feb we have a bit of time to get organised.
So I think the CCJ is against my husband's name already. Now I think they are trying to get more from us instead of the £3 a month? Is that what redetermination means?
The Judge will see again what we are paying and to whom......let's hope they look kindly on our situation. Thanks for asking though, I was a bit nervous about writing about this seeing as there are still 3 months to go!

Kudox

Northstar68 wrote: »

Hi Kudox,
No probs at all, what happened is that when we embarked on the token payments per month before having the interview for the DMP, Alliance and Leicester were not happy with it and took my OH to court straight away, they sent those blue and white court papers via Restons Solicitors.
The Judge in Northampton saw all our paperwork and said that we must continue paying the £3 per month until the debt is cleared (it's 14K, 5K of which are charges and interest from the last year alone)

So great we thought.
Then a month later, about 3 weeks ago, we heard from our local court they A & L are going for a redetermination hearing and hubby must attend, it's in his name.
That is all we know. We havent asked for advice yet because we were told that once the DMP was up and running the CCCS would advise us what to do/say/write etc and as it's in feb we have a bit of time to get organised.
So I think the CCJ is against my husband's name already. Now I think they are trying to get more from us instead of the £3 a month? Is that what redetermination means?
The Judge will see again what we are paying and to whom......let's hope they look kindly on our situation. Thanks for asking though, I was a bit nervous about writing about this seeing as there are still 3 months to go!

I don't really know much about the court proceedings or what a redetermination means, but I can't see that the judge would grant A&L anything else since you are abiding by the terms of the CCJ. If you were defaulting on the CCJ that would be different but obviously you're not.
Why not try posting a new thread, you may get advice from someone who really knows about that sort of thing.
I got great advice when I was going through the CCJ thing.
It's good you've got plenty of time to sort stuff out and get prepared before your court date, you never know A&L may think better of it before then.

geoffmr1

Northstar68 wrote: »

Hi Kudox,
No probs at all, what happened is that when we embarked on the token payments per month before having the interview for the DMP, Alliance and Leicester were not happy with it and took my OH to court straight away, they sent those blue and white court papers via Restons Solicitors.
The Judge in Northampton saw all our paperwork and said that we must continue paying the £3 per month until the debt is cleared (it's 14K, 5K of which are charges and interest from the last year alone)

So great we thought.
Then a month later, about 3 weeks ago, we heard from our local court they A & L are going for a redetermination hearing and hubby must attend, it's in his name.
That is all we know. We havent asked for advice yet because we were told that once the DMP was up and running the CCCS would advise us what to do/say/write etc and as it's in feb we have a bit of time to get organised.
So I think the CCJ is against my husband's name already. Now I think they are trying to get more from us instead of the £3 a month? Is that what redetermination means?
The Judge will see again what we are paying and to whom......let's hope they look kindly on our situation. Thanks for asking though, I was a bit nervous about writing about this seeing as there are still 3 months to go!

Hi Northstar,

The redetermination is exactly as you thought, its purely them trying to get more money. The most likely is that they want a forthwith judgement (possibly in the hope of getting a charging order), however if you get a half decent judge it's unlikely they'll be successful with this case. You do need to send a letter to the court including a statement of affairs (the one you have done with CCCS will be fine), as that will allow the judge plenty of time to look at your finances before the hearing, you don't want them rushing through it on the day.

Can I ask if you have already started a claim against them for the charges?? If not do so, as soon as. I take it when they sent all the info to Northampton bulk centre you never challenged the amount you owed, obviously you want this taken into account this time.

I think this redetermination could be a blessing for you because without it the whole process would have cost you money, now it'll cost them.

Northstar68

Thank you so much geoffmr1 and Kudox, after such a difficult day I am feeling a little better now!
As for the charges, yes, this is my next thing to work on once I sort my direct debits out tomorrow.
So much of this debt are charges, he stopped using the card about a year and half ago when his work died down (he's self employed) and tried and tried to get them to change it into a loan etc so he could pay it off, they always refused and said that they were in it to make money from us.

Anyway, unluckily for them, I am a hoarder and I have the credit card statements going back 7 years at least, if not more, so I will be going through them over the next week or 2 and totalling it all up and then I will post again just to be sure I am writing the correct letter etc Then we will go to court armed with this info too, perhaps my husband will send that to the judge the week before as well.

Thank you ever so for the advice and for listening. What you have said has given us a little hope, we certainly wont be beaten just yet.
:beer:

Kudox

Stick to your guns Northstar, do exactly as you intend and as Geoff says hopefully in the end it will be A&L who shoot themselves in the foot.

My OH is self employed too so I know where you're coming from.

The more we can get ourselves informed about this whole debt minefield the stronger and in control we begin to feel.
I for one refuse to sit down and just be bullied and made to feel powerless, not especially when I'm making every effort to pay it back.

Knowledge is definately power and I'm sure the creditors would rather us be meek and roll over at the first hurdle.

Ok rant over, got a bit political there :rolleyes:

Jamesdeer001

Hi!

Having been to the CCCS website, their suggestion for me is a DMP. I have 28k of card or loan debt, of which I can pay £600 a month, so taking about 3.5 years assuming a freezing of interest. I also spoke to CCCS on the phone yesterday and having a councillor meeting set up for Nov 16th.
I think though, the DMP is the best course of action for me and what do get the ball moving asap, so can I go ahead and do this online now or should I wait for the councillor?
How long does the process normally take etc?
I'm in the process of changing my wages to go to a seperate basic bank account and have cancelled all DD's.
I have minimum payments which are due in the next couple of weeks but can't afford all of these or won't be able to live so what is the best thing to do? Make smaller payments to each? Should I phone up the banks and say what I'm doing? What do you say and am I likely to get interest frozen or fees not charged? I'm obviously trying to reduce any extras as much as possible. Which banks are normally the most helpful (I seem to be with most!)? So far, having asked for help from HSBC and Halifax, both have been as helpful as a hole in head, all saying there is nothing they can do and fobbing me off to a different department or reading out the terms and conditions.

I am quite young and hope never to be in the situation again and I'm quickly learning which banks I won't bank or deal with in the future!

Also, how severely does this affect your credit rating and for how long. My DMP would pay back all the debt in hopefully under 4 years.

Thanks in advance, and all or any advice on what I do from here would be really useful. I just want to the right thing as soon as possible!