Debt Crisis Please HELP!!

miss_spooky

Hi,

With BR it's slightly different. They payments to the family for what ever reason wouldn't be allowed as it would be classed as preferencal (?) treatment of a creditor.

kissjenn

Hi,

Definite one for advice.

I thought DMP was the same as they pro-rata out the monies. Don't see how - if the debt is even acknowleged because it's not in OPs name and there is no legal comeback on him - that debt can be paid full rate and others which he is legally responsible for only paid at a reduced rate.

Seems a very confused system if that's the case.

Tixy

I thought like you Kissjen that a family debt can be included in a DMP but would be pro-ratad the same as all the other debts .

I think thats what usually happens, maybe there is something unusual about the case mentioned above.

You certainly can't give preferential treatment to a family/friend loan in BR though.

Hopefully the OP will be able to manage without the need for BR though - with the help of CCCS.

Boxman have you had your pack through from CCCS? and have you sent the token payments letters out?

mabirrd

Any credit agreements taken out prior to April, 2007 that are found to be legally unenforceable, then you have the legal rights to cease repayments. You can negotiate with your lenders for your debts to be "written off". It is extremely unlikely that you would ever have to appear in court as part of your claim. Most of the arguments concerning the enforceability of agreements under the consumer credit act 1974 are highly technical and would be argued over in court by solicitors and lawyers.

isobelle

With regards to below :

"

Tixy wrote: »

I thought like you Kissjen that a family debt can be included in a DMP but would be pro-ratad the same as all the other debts ."

My friend says she just told cccs how much she paid to her mother each month and they did not question it, that figure was just included in the budget prepared by cccs and accepted, no pro-rataring or similar. She just told cccs that the amount she paid to her mother each month covered the minimum payments on her mother's credit cards (which was correct) so maybe that is why they just accepted it.

kissjenn

isobelle wrote: »

With regards to below :

"

Tixy wrote: »

I thought like you Kissjen that a family debt can be included in a DMP but would be pro-ratad the same as all the other debts ."

My friend says she just told cccs how much she paid to her mother each month and they did not question it, that figure was just included in the budget prepared by cccs and accepted, no pro-rataring or similar. She just told cccs that the amount she paid to her mother each month covered the minimum payments on her mother's credit cards (which was correct) so maybe that is why they just accepted it.

Sorry probably being really thick but why would CCCS have any interest in a debtor paying off her mother's credit cards. It's their responsibility to make sure the debt she owes is paid and in a fairly distributed manner. The whole problem with family debt is that is usually undocumented and if the family member takes out credit on someone else's behalf then the liability sits with them not the family member they're trying to help. Otherwise everybody could tell CCCS that my income needs to be smaller by x because my sister/brither/mum/dad/auntie's credit card bill which I'm not named on was actually taken out for me. If everyone cross claimed laibility no one would ever have any available funds.

I really do think there is something odd with this case...maybe you've not been told the complete story?