Hello again. Slighty worried and in need advice......again

debtman2007

Anyone offer any help??

debtman2007

Well they didn't waste any time. had court claim form through today.

no idea what im doing now

Northstar68

Debtman, don't worry, easier said than done I know.
I am new here, posted somewhere else and wrote about the same thing.
We also have Restons on our backs for Alliance & Leicester, our DMP hasnt started and they didnt want to wait for it to start(12K credit card debt of which thousands are charges). They sent those blue and white papers, we got advice from the CCCS, sent them everything which clearly showed all we can pay for now is £3 a month. Within about 3 weeks we got a decision, we have to continue paying £3 a month until the debt is cleared :j,however we have just heard now last week that A & L are appealing and the hearing is in our local court in February 2010.
We will again go armed with all our info etc and have everything crossed.
I spent months worrying myself to death and since last week I could feel the panic attacks coming on again.
Everyone says to be strong and stand our ground, hard, but we have to do it.
Phone the CCCS and they will tell you the same thing as they told us. Send your budget, expenditure and list of creditors, everything.
All the best, let me know how you get on. I'm with you, been there, not nice but you must hang in there. It could all work in our favour. The CCCS advice is invaluable. Try not to worry, get the forms filled in (after you speak to them).
Good Luck.....everything will be ok

Nargleblast

Remember the mantra debtman, "they cannot have what you have not got." As long as you can prove to the court that you are paying as much as you are able to, and you are in a DMP with CCCS, what can they do? Come round and break your legs? If any of them start talking about County Court Judgements or bailiffs get back to us and some of the experts in that field will advise you how to deal with that. In the meantime just let them "bring it on!" You are well equipped to handle it, trust me.

elfen

As long as you have your paperwork from CCCS, your SoA to show that you physically cannot afford anymore, the court really can't do anything else. This is them trying to scare you into paying more, which you obviously cannot afford

Fire_Fox

Courts are not full of ogres, they generally use common sense alongside interpretation of the law. You are in a DMP with a well-known debt charity and are maintaining affordable payments so the court is likely to be sympathetic to your situation. They get fed up when folks take the mick, not when decent people get into trouble and try their hardest to sort it out. There have been cases where courts have ordered payments lower than were already being paid!!

debtman2007

Thanks for the replies. I very worrying. I have never been to court and wouldn't know what to expect. Would i have to speak to teh solicitors or to teh judge? either way im not a very confident speaker so would probably not present myself in a good way. The court in Northampton isn't very close to me either. I noticed they have added a £367 collection, £80 solicitors fees and £75 court costs.
i will speak to the CCCS on monday but the forms look quite confusing to me.
Looks like the next few months will be RUBBISH.

Im not sure how they expect me to pay more. All of my DMP payments have been in full and on time, surely that will go in my favour? Its not like im choosing to pay nothing.

debtman2007

Northstar68 wrote: »

Debtman, don't worry, easier said than done I know.
I am new here, posted somewhere else and wrote about the same thing.
We also have Restons on our backs for Alliance & Leicester, our DMP hasnt started and they didnt want to wait for it to start(12K credit card debt of which thousands are charges). They sent those blue and white papers, we got advice from the CCCS, sent them everything which clearly showed all we can pay for now is £3 a month. Within about 3 weeks we got a decision, we have to continue paying £3 a month until the debt is cleared :j,however we have just heard now last week that A & L are appealing and the hearing is in our local court in February 2010.
We will again go armed with all our info etc and have everything crossed.
I spent months worrying myself to death and since last week I could feel the panic attacks coming on again.
Everyone says to be strong and stand our ground, hard, but we have to do it.
Phone the CCCS and they will tell you the same thing as they told us. Send your budget, expenditure and list of creditors, everything.
All the best, let me know how you get on. I'm with you, been there, not nice but you must hang in there. It could all work in our favour. The CCCS advice is invaluable. Try not to worry, get the forms filled in (after you speak to them).
Good Luck.....everything will be ok

Who made the decision of £3? the court?

i have and CCCs have already sent restons income/expenditure etc. or do you mean send it to the court?

sorry for all the dumb questions

Northstar68

Hi again,

The blue and white papers had to go back to the solicitors at Restons and the hearing was in Northampton court too, I think most of them are at first. You will NOT need to go to this first hearing, it is done without you being there, you will just get a letter telling you what the result is.

Then the company will probably appeal the decision if they are not happy with it which is what they are doing with us. We have to wait 3 months and a few weeks before our hearing so in the meantime we are making the £3 payments at the same time every month, this is very important. The payments must be made on time and before the due date which the court will set.
The £3 a month was what we offered (advised by the CCCS), it was all we could offer because we have 12 debts with different creditors.
Luckily for us, the court told us to pay £3 a month.

But we dont know what will happen in February. I dont know the different things that could happen and maybe I will post again to ask others from their experience so I can get myself ready mentally for it.

None of your questions are dumb!!! I only joined yesterday and you should hear a few of my first questions! :rotfl:
Everyone here are so helpful, most of us are in the same boat and together we can beat this.
Soon we will have a bit of experience and hopefully we can then help others who are starting out in this nightmare journey.

debtman2007

Thanks again. a couple more questions though.

After the first hearing what if its decided i have to pay over £26. Say £50, there is no way i could do that. can i appeal against that?

also. what happens if my payments have to reach them by 10th of month. CCCS have told me they can only send payments on or around 20th of each month.