Charging Order

jennmoz

Please can someone help.

My husband and I have credit card debts of around £40,000 - they are all mine - except 1 of my husbands.

We went through the Citizens advice bureau & made arrangements to make "token" payments. Then when we changed our mortgage, we paid for the services of a debt management company, who contacted all our creditors & the payments were left the same.

About 6 months ago my husband was given a CCJ for his card, and then we received further court papers - which were forwarded onto the debt management company, as we are not supopose to speak/contact any of the credit card companies.

A few weeks later we received notification to say that a charging order had been put on our property, when I made enquiries about this, I was told that it was because we had missed a payment. I provided proof to the debt management company that we have never missed any payments & I was told they would look into it.

Since then we have decided to try to change our mortgage as we are currently on a fixed rate interest only mortgage. I contacted the debt management company again & was told that I just needed to ask for a Deed of Postponement, but I am not happy about this, as the charging order should not have been granted & the debt management company should have done more to prevent it.

Please can anyone provide any help/advice.

BeautyandtheBeast_3

No idea but bumping you up xx

RAS

Who is this DMP provider, please.

jennmoz

They are called the Debt Management & Counselling (DMC)

dancingfairy

I would phone National Debtline for advice.
I would also try and move from a fee charging dmp company to one run by one of the free organisations - CCCS/your local CAB etc - why should you pay out more money to have a co. manage your debt when you can get help for free and all your spare money can then go to the debts without some co. helping themselves?
Also I'm not sure but I think I read that Debt management companies can't get involved in disputing liability and can't defend against liability orders or court action. I'm not sure though which is why I think you need to contact National Debtline or your local CAB for advice.
df

RAS

OK - How much are they charging you for the privege of wrecking your credit history, per month?

You need to transfer to one of the debt charities who offer the same service for free.

And when it comes tocourt papers, never send these to your DMP provider (even the debt charity) as they are not allowed to get into a dispute with your creditors. They can only file an admission which means an automatic CCJ. At that point the debt should come out of the DMP and be paid for as per the court instructions by yourselves.

You need to do to talk to a debt charity, talk to the court and then do a Subject Access request on the creditor who have the charging order. it may just be possible to get it re-considered IF you failed to pay on a technicalitiy but you are pushing it.

Jesthar

RAS, curious query - if the Debt Management Thieves told them to forward all correspondance to them, then did nothing with the court papers and also failed to return them with the advice that they had to deal with court papers themselves, could the DMTs be held responsible for those actions?

jennmoz

We don't pay them anything monthly, we paid an initial payment of around £2000, with no further payment direct to them.

We make all the payments to the companies each month ourselves, and since the start of the arrangements, we have never missed one payment.

All they do is take a copy of the letters & if needs be they will contact them.