DMP Mutual Support Thread (Part 6)

sunshine38_2

Hi Kudox

Sorry to hear about your latest battle. We've been on our DMP now for a year and if it helps you feel any better, we're not really any further forward with overall totals either.

Scary stuff court papers, arent they. We are having a battle with HSBC now who initially agreed to the repayment amounts but have obviously changed their minds (probably because we refused to accept their version of a "managed loan"). Just waiting for our own court papers.

At the end of the day, we've done the best we can do. We cant magic up any money from anywhere to repay our debt any quicker than what we are doing. A judge will also see that you've done all you can. If anything it may work in your favour in that the creditor will stop interest etc. The thought of a CCJ against us scares me too - but we cant give the creditors anything else. Just out of interest, what kind of sum are you looking at? Ours is around £3,000.

Sometimes I wish we could just sell our house, pay the debts and start again ... but that doesnt seem to be much of an answer for us either.

Keep posting, stay positive - it'll all come out in the wash!

Take care,

Sunshine

Kudox

sunshine38 wrote: »

Hi Kudox

Sorry to hear about your latest battle. We've been on our DMP now for a year and if it helps you feel any better, we're not really any further forward with overall totals either.

Scary stuff court papers, arent they. We are having a battle with HSBC now who initially agreed to the repayment amounts but have obviously changed their minds (probably because we refused to accept their version of a "managed loan"). Just waiting for our own court papers.

At the end of the day, we've done the best we can do. We cant magic up any money from anywhere to repay our debt any quicker than what we are doing. A judge will also see that you've done all you can. If anything it may work in your favour in that the creditor will stop interest etc. The thought of a CCJ against us scares me too - but we cant give the creditors anything else. Just out of interest, what kind of sum are you looking at? Ours is around £3,000.

Sometimes I wish we could just sell our house, pay the debts and start again ... but that doesnt seem to be much of an answer for us either.

Keep posting, stay positive - it'll all come out in the wash!

Take care,

Sunshine

Cheers to you Sunshine, I'm feeling more positive now and as you say they can't have what I don't have.
In answer to your question I also owe roughly £3000 to that particular creditor but a lot of that is interest and charges they have applied since I have been on the DMP.
That makes me even more cross.:mad:
I was worried getting a CCJ for that debt would ruin my chances of offerng a F&F settlement(in the future) but CCCs said not.
Thanks for your support, I know everyone is having their own battles.

cocker100

Kudox wrote: »

Cheers to you Sunshine, I'm feeling more positive now and as you say they can't have what I don't have.
In answer to your question I also owe roughly £3000 to that particular creditor but a lot of that is interest and charges they have applied since I have been on the DMP.
That makes me even more cross.:mad:
I was worried getting a CCJ for that debt would ruin my chances of offerng a F&F settlement(in the future) but CCCs said not.
Thanks for your support, I know everyone is having their own battles.

Hiya Kudox,

Sorry to hear about your CCJ problems.

You say that this account is made up of mainly interest/charges. Have you put a claim in to get them refunded. If not, do it ASAP as i'm not 100% certain, but i'm sure i've read somewhere that once a CCJ is issued against you for a particular debt, you cant reclaim back any charges etc as you have basically accepted that the debt exists and is all fair and above board.

You would need to put in your defence to the court that you dispute the debt due to unfair and excessive charges/interest etc. Dont be put off defending yourself, have a look on the CAG website and search through the court threads for lots of excellent advice on what to do.

If you haven't already, register on there and start your own thread about your case. You will find that lots of very intelligent people will guide and advise you what to do, right down to what you exactly write on your court papers.

As for reclaiming the charges, if you can claim finanical hardship, then you dont have to wait for the test case to finish and you can have your case fastracked and settled stright away. Have a look through the bank charges section of the site or follow the link in this weeks email from Martin.

Please dont give up hope. All is not lost yet!;)

Take care,

Cocker:)

sunshine38_2

Kudox wrote: »

a lot of that is interest and charges they have applied since I have been on the DMP.
That makes me even more cross.:mad:

Oh yes, I hear ya! I cant believe how much has been added on various accounts over the last year. Despite the amount that we have paid off, it's barely made a dent in the overall total still owing :rolleyes:

HOWEVER ... as soon as I can find the energy/time I'm going to attempt to at least reclaim whatever charges I can off every creditor who has repeatedly added on - although I know we cant do much about additional interest (well, as far as I'm aware we cant anyway). Perhaps you could give that a try to help fund your F&F idea?

I say "when I can find the energy/time" because we face a different problem altogether at the moment though so the DMP has kind of gone out of my head for a bit ... now my days are filled with thoughts of our unexpected pregnancy news

Whoops!!!

I have moments of sheer panic amongst thoughts of feeling blessed to be having another baby (will be my 3rd baby). I'm trying to look at the lack of decent maternity leave pay from work as being a minor hitch in the grand scheme of things but at the moment, I really dont know how we are going to get by AND still sort out repaying the DMP.

Still, that's all for another post, another time. For now I just wanted to wish you luck in getting everything sorted.

Oh, and hi to all the not-so-new-but-new-to-me folks - you've all been rather busy!

Sunshine x

sunshine38_2

Ooooh, well done Cocker :T

Some great advice there. Apologies for my slow pregnancy brain - I should have thought of all that too. I wasnt sure about claiming for interest so I was glad to see it included in your post.

Sx

Kudox

cocker100 wrote: »

Hiya Kudox,

Sorry to hear about your CCJ problems.

You say that this account is made up of mainly interest/charges. Have you put a claim in to get them refunded. If not, do it ASAP as i'm not 100% certain, but i'm sure i've read somewhere that once a CCJ is issued against you for a particular debt, you cant reclaim back any charges etc as you have basically accepted that the debt exists and is all fair and above board.

You would need to put in your defence to the court that you dispute the debt due to unfair and excessive charges/interest etc. Dont be put off defending yourself, have a look on the CAG website and search through the court threads for lots of excellent advice on what to do.

If you haven't already, register on there and start your own thread about your case. You will find that lots of very intelligent people will guide and advise you what to do, right down to what you exactly write on your court papers.

As for reclaiming the charges, if you can claim finanical hardship, then you dont have to wait for the test case to finish and you can have your case fastracked and settled stright away. Have a look through the bank charges section of the site or follow the link in this weeks email from Martin.

Please dont give up hope. All is not lost yet!;)

Take care,

Cocker:)

Hi Cocker
I have already put in a claim for a refund of charges, but was told by Triton when I phoned to query the court papers it had been declined due to us not having any priority debts.
I appreciate what you're saying regarding defending the claim and have thought hard about it, but think I am just going to let this one go.
I have other debts, actually OH's, which are in dispute at the moment due to lack of an enforceable CCA (or none at all in some cases) and I feel like I've got enough on my plate dealing with them.
I'm trying really hard at the moment not to let it all get on top of me and am trying to choose my battles.
I appreciate your advice and input though. Thanks.

Kudox

Hi sunshine38,
Congrats again on your baby news and I for one can't think of a better way to put all this debt/money stuff in perspective and make you realise that there is other stuff to think about.
We are not criminals for getting into debt, maybe a bit misguided but thats all:rolleyes:
Good luck with everything.:beer:

cocker100

Kudox wrote: »

Hi Cocker
I have already put in a claim for a refund of charges, but was told by Triton when I phoned to query the court papers it had been declined due to us not having any priority debts.
I appreciate what you're saying regarding defending the claim and have thought hard about it, but think I am just going to let this one go.
I have other debts, actually OH's, which are in dispute at the moment due to lack of an enforceable CCA (or none at all in some cases) and I feel like I've got enough on my plate dealing with them.
I'm trying really hard at the moment not to let it all get on top of me and am trying to choose my battles.
I appreciate your advice and input though. Thanks.

Are Triton in house RBS?

Not had any dealings with them.

Any reclaiming of charges should be sent to the creditor who added them to the account, namely RBS.

I thought everyone had some form of priority debts. What about mortage/rent, council tax, utililities etc. These are all priority.

Being in a DMP is a very strong agrument for financial hardship, so they would find it hard to make excuses for not refunding now!

Just giving you my ideas. I hate to see any creditor win a battle with so many of them acting so nasty to us debtors. I can understand and respect your reasons for not persuing certain avenues.

Just shout if you need any advice on your CCA requests.

Cocker:)

cocker100

Ooh yes, forgot to say,

Congrats on your baby news Sunshine!!!:T:beer:

Kudox

cocker100 wrote: »

Are Triton in house RBS?

Not had any dealings with them.

Any reclaiming of charges should be sent to the creditor who added them to the account, namely RBS.

I thought everyone had some form of priority debts. What about mortage/rent, council tax, utililities etc. These are all priority.

Being in a DMP is a very strong agrument for financial hardship, so they would find it hard to make excuses for not refunding now!

Just giving you my ideas. I hate to see any creditor win a battle with so many of them acting so nasty to us debtors. I can understand and respect your reasons for not persuing certain avenues.

Just shout if you need any advice on your CCA requests.

Cocker:)

Triton are in-house RBS.
I did put my charge reclaim into RBS, and heard nothing for months. When I phoned RBS to chase it up they said Triton were now dealing with it.
I phoned Triton and they said they had not had the I&E form we had filled in from RBS and when they did would deal with our claim.
In meantime I got the court papers from Incasso regarding same debt, phoned Triton to query and thats when they told me that the claim had been declined.
In all that time we have heard nothing from RBS themselves.
I too would have thought being in a DMP was a very strong case for hardship but..........
I really do appreciate your thoughts and advice cocker, if I need any help regarding CCA's you may just find a PM from me, I bet you'll end up wishing you'd never heard my name:rotfl: