DMP and bailiff threat - please respond

Bibblybee

Hello,

Me and my husband have several debts and have filled out all the paperwork to go onto a debt management plan. Some of the creditors are not being sympathetic though and seem to have ignored the fact that we have sent this all through.

One of these creditors has even written and threatened to send someone to our home. None of our debt have gone through the courts so can they really send a bailiff, I thought that only the courts could do this?

Also, are the creditors allowed to ignore the DMP paperwork? I am thinking of progressing onto an IVA if they continue to do this.

Thank you for your help

MrsTinks

No they can't send a bailiff - what they'd send is a debt collection person - they have no rights what so ever and you can even deny them the right to enter your property (ie the land you own) if you want.
Yes they can ignore your DMP request - but ultimately if you can't afford to pay them then they can't have the money can they?
If you go down the IVA route then you need a certain % of your creditors to agree to it - if they don't then you can't do it.
Who have you contact about DMPs and IVAs so far? (Please tell me you haven't gone through one of the cowboy outfits that charge you???)

RAS

Bibblybee wrote: »

One of these creditors has even written and threatened to send someone to our home. None of our debt have gone through the courts so can they really send a bailiff, I thought that only the courts could do this?

Only a mo, but debt collecotrs have no right to visit your home and if they did, you can tell them to go away. Call the police if necessary (most unlikely).

What they really mean is if we go to court and win and then yoiur ignore the CCJ and then you peristantly fail to pay, we can apply for the bailiffs to come, some time next year or never.

It is designed to panic you. Hold firm.

Bibblybee

Thank you for your posts.

We are doing it ourselves through the National Debtline service. The thing is they all sound ok when we speak to the original creditors on the phone, but we then get calls and letters from third party debt collection companies who seem to ignore anything that has been said between us and the original creditors.

We have our own house that we have never missed a mortgage payment for, we also have no equity in the house. Losing the house is what scares me the most, but I am pretty sure that it will be safe if we continue paying the mortage well.

Charco_2

Yes, the house/mortgage is a priority debt, and so even though your other creditors will shout louder for money, always make sure you have enough to pay to your mortgage even if it means a getting a mean letter from your credit card company...

However, don't let your other debts get so bad that your house may be in danger anyway!

RobertoMoir

Do everything in writing rather than on the phone would be my suggestion - or if you need to do stuff on the phone use letters "to confirm what we discussed in our telephone call..."

I agree with the comments about bailiffs - bailiffs can't act without a court order and debt collectors have no powers or rights to enter your property or do anything.