Think I have mad a HUGE mistake!!

monlou

Just looking for some advice and reassurance

I have made a few posts on here about my Nationwide loan but i cant seem to find the originals. sorry

Basically I have started a DMP with Payplan and made my first payment last week which should take about four days to get to them. The Nationwide issued me with a CCJ in February and i then sent it to Payplan who have dealth with it. But having read a few posts on here regarding DMP Companies handling CCJs I feel I have made a huge mistake. The Nationwide are refusing to pay out any of the loan insurance until i have won my tribunal case which is very frustrating as they are still charging me for it. My Tribunal case has gone on for a year now and i am in the process of appealing which is a long and stressful process. The loan was taken out in October 2006 having spoken to someone at the CAB she advised me that she couldn't see any problems with the the loan agreement and everything seemed in order. So i couldnt go down the unenforcable route.

Was wondering if any body has had any experience with payplan/Debt management companies dealing with CCJs and if they have actully gone to court. I feel a bit silly now i have read the posts on here:(

Tixy

Hi

The advice is usually not just to send court papers straight to your DMP company as they will always automatically admit the debt, (and not ask to pay in installments).

It sounds like your case is different in that you had the CCJ before you started your DMP? So Payplan are in effect just going to be making your CCJ installments for you? Have you agreed installments through the court?

Not sure about the tribunal issue, but if you were making installments on the CCJ already I would imagine that passing to payplan to make the same installments should make no difference.

10past6 would be a good person to advise best.

monlou

the CCJ hasnt gotten to the court Stage yet i just got sent the paperwork and then sent it to payplan. Although i checked my credit report and its not listed on there. With the installments its through payplan

Tixy wrote: »

Hi

The advice is usually not just to send court papers straight to your DMP company as they will always automatically admit the debt, (and not ask to pay in installments).

It sounds like your case is different in that you had the CCJ before you started your DMP? So Payplan are in effect just going to be making your CCJ installments for you? Have you agreed installments through the court?

Not sure about the tribunal issue, but if you were making installments on the CCJ already I would imagine that passing to payplan to make the same installments should make no difference.

10past6 would be a good person to advise best.

10past6

monlou wrote: »

the CCJ hasnt gotten to the court Stage yet i just got sent the paperwork and then sent it to payplan

It's never a good idea to involve a DMP agent once litigation has commenced.

I suggest you ask Payplan to return the court papers to you, you'll then need to to decide what action to take, you have 3 options:

a) admit the debt, this will result in a CCJ being awarded, however, this will reduce your option of disputing the debt any time in the future

b) dispute the debt, based on the amount being claimed is incorrect, ie your PPI dispute claim.

c) deny the claim based on the claimant not complying with the correct legislation (i.e default / termination letter)

monlou

Thanks 10past6
Can i still ask for it back? i thought once it was in there hands i couldnt.

If i dispute it based on the PPI would they still take me to court?

feel like a bit of a dufus now:mad:

10past6 wrote: »

It's never a good idea to involve a DMP agent once litigation has commenced.

I suggest you ask Payplan to return the court papers to you, you'll then need to to decide what action to take, you have 3 options:

a) admit the debt, this will result in a CCJ being awarded, however, this will reduce your option of disputing the debt any time in the future

b) dispute the debt, based on the amount being claimed is incorrect, ie your PPI dispute claim.

c) deny the claim based on the claimant not complying with the correct legislation (i.e default / termination letter)

10past6

monlou wrote: »

Can i still ask for it back? i thought once it was in there hands i couldnt

If the court papers have not been submitted to the court, then yes, but you only have 14 days to "Acknowledge" the claim

monlou wrote: »

If i dispute it based on the PPI would they still take me to court?

Yes, if you admit the debt, but only dispute the amount

Even if they failed on following the correct legislation, once they've started litigation, it's very rare they withdraw, 99.9% of the time, they'll see it through whether they win or lose

monlou

Well the court papers are dated the 22nd January 2010 i sent this to Payplan once they sent it to me i was panicking that i was going to have a bailiff come round. I then got a letter back from payplan sating that this debt was classed as a priority and if i missed a payment on the dmp could lead to further action etc...

Do you think its worth never in doubt having a look at the agreement just to make sure there isn't any issues?

10past6 wrote: »

If the court papers have not been submitted to the court, then yes, but you only have 14 days to "Acknowledge" the claim

Yes, if you admit the debt, but only dispute the amount

Even if they failed on following the correct legislation, once they've started litigation, it's very rare they withdraw, 99.9% of the time, they'll see it through whether they win or lose

kezflake

I may have been miss informeed here but CAB actualy advised me to use payplan when a debt almost went to court last year my research into the company seemed to suggest of all DMP management companies these are the ones to trust as they dont chare the debtee but obtain thier funds from creditors supporting them. Anyway they never failed me if thats any help.

Others DMP companies would carge their grandmothers £30 a month for a 5p dept from my experience but payplan seem much more stringent with who they accept and if their re payment plans are realistic.

monlou

I was also recommended to them by the CAB also had no problems so far.
but I became a little concerned about this ccj after reading a few posts on here

kezflake wrote: »

I may have been miss informeed here but CAB actualy advised me to use payplan when a debt almost went to court last year my research into the company seemed to suggest of all DMP management companies these are the ones to trust as they dont chare the debtee but obtain thier funds from creditors supporting them. Anyway they never failed me if thats any help.

Others DMP companies would carge their grandmothers £30 a month for a 5p dept from my experience but payplan seem much more stringent with who they accept and if their re payment plans are realistic.

Tixy

kezflake wrote: »

I may have been miss informeed here but CAB actualy advised me to use payplan when a debt almost went to court last year my research into the company seemed to suggest of all DMP management companies these are the ones to trust as they dont chare the debtee but obtain thier funds from creditors supporting them. Anyway they never failed me if thats any help.

Others DMP companies would carge their grandmothers £30 a month for a 5p dept from my experience but payplan seem much more stringent with who they accept and if their re payment plans are realistic.

Payplan is the only commercial company that don't charge a fee for DMPs, although there are charities who also will do free DMPs. But it is always advised never to send court papers to any DMP organisation, as they will simply admit the debt. It is advised that court action should always be dealt with personally.

10past6

monlou wrote: »

Well the court papers are dated the 22nd January 2010

I suspect the CCJ has been awarded already, you'll have to make a "set aside" application on the grounds the amount they claim is in dispute.

monlou wrote: »

i was panicking that i was going to have a bailiff come round

You're a long, long, way if ever from them attending

monlou wrote: »

this debt was classed as a priority

It will be once a CCJ is awarded.

monlou wrote: »

Do you think its worth never in doubt having a look at the agreement just to make sure there isn't any issues?

You're to far down the line disputing the CCA once the claim has been "admitted"