Struggling with debt? Ask a debt advisor a question

CCCS_Sue

bexta33 wrote: »

Hello

I'm hoping someone could offer a bit of advice as I'm at a loss as to what to do next.

I split up with my ex over a year ago. We were living together and needed new sofas. Although he had the money to pay for them outright he suggested I get them on finance and he would pay it back before the years free credit was up.

I got the finance but after a few months we split up. I had to move into a room in my friends house so he kept the sofas but promised to pay them before the years free credit was up. I made sure he had all the paperwork for them so knew who and what to pay and by when.

The payment was due in August and he still hasn't paid it. I have spoken to the DFS finance company and put his name on the account for access purposes and so that they can discuss it with him. They also have his phone number to chase him for the money. I have received an answerphone message from a debt collection agency today but it doesn't say what they are chasing and they were closed when I tried to ring them back.

I also have finance in my name for a watch that he has. He had been making the payments but it is nearly due for pyt again. Again his name is on this account so he can discuss it and they have his phone number.

I know the finance is in my name and I shouldn't have done that looking back!! But as he has the goods for both of the outstanding finance and I also have texts from him saying that yes he will pay it do I have any kind of rights in forcing him to pay it off now to clear it out of my name?

His parents have control over a savings account that is in his name that I know that there would be enough money to pay me for the finance. Do you think I should send his parents the finance information? Or should I try another tactic??

Thanks in advance for any help offered

Becki

Hi Becki and thank you for your message.

Because these debts are in your name and not in joint names, I’m afraid you are solely responsible for the repayments.
You could speak to his parents and see if they would be willing to reimburse the money. You could also write to your ex and ask him to confirm in writing that he agrees to repay the debt.

I have attached a link to Community Legal Advice. http://www.communitylegaladvice.org.uk/

They give free confidential legal advice and may be able to give you some further information on any rights you may have legally regarding this.

Kind Regards
Sue

Ethereal_Gaz

Hi,
After defaulting on my CC's I entered into a payment plan with MBNA. I was initially given the runaround as they sicked the Optima rottweilers on me to try and intimidate me into paying the full amount. Optima didn't own the debt. I sent all the required letters to Optima and sent my budget to MBNA. I also sent them all the required bank details so MBNA could start taking the monthly payments. The money was leaving my account monthly and I thought I was happily paying off my debt.

Until now.

Today I've received a County Court Claim Form for Northampton County Court. The claimant is MBNA Europe and the address for sending payments is the Optima address. The amount claimed is the full amount, £12800 and there's solicitors costs and Court Fees on top.

Looking back at my last 3 bank statements there has been no payment going to MBNA. I'll need to do some digging to find out when the last payment was paid to MBNA.

There's a response pack with an "Admission" form and a "Defense" form. What should my next steps be?????

lilyjoy

My hubby and I have £40,000 worth of debts.We have a DMP with CCCS.We have 9 creditors between us.Apart from MBNA and Nationwide both in my hubby's name,all is going well.Both MBNA and Nationwide have issued CCJs.We have asked for redetermination hearings for both as the amount the court set the payments at was way too high.
The 1st hearing was last week.It was the MBNA one.my hubby owes them £12000.The orriginal payment they wanted was £549.00 a month.At the moment we pay £54 through our DMP.The judge ruled payment is payed forthwith.He said the debt would never be paid with the amount that we pay now.He said that MBNA would most proberbly go for a charging order.Our house is worth about £120,00.We have a £97,00 mortgage.The house is in both names.There is £24000 equity.I'm I right in saying that they can only go for half of the amount.Can they make us sell the house .What happens when my hubby goes to court for the Nationwide hearing,he owes them £9000,I suppose it will go the same way.There isn't enough equity to pay both debts off.
I've rang CCCS.it's so hard to get through,and it does cost a lot.I havn't really had any advice when I do get through.It's making me ill.I'm disabled and have a daughter of 14.All I can see is us being made homless with nowhere to live.
Any advice would be great!

stilton_cheesewright

I have some premium bonds in my name which were bought on behalf of the family. Would creditors (credit cards & overdrafts) have any claim to these be they through debt collection or the courts?

many thanks

Betelguese_2

MSE_Wendy wrote: »

The Consumer Credit Counselling Service (CCCS) has several counsellors answering questions in our forum. There are three ways to contact them:

1 - To ask them a question please post it below and someone will post a reply here.


I had an IVA for 1 year in 2007 (lumpsum payment 60% of debts)
IVA completed in April 2008.
Nothing in IVA about claiming any windfalls after completion.

Have been reclaiming unfair charges & PPI on loans and credit cards through a claim company. All successful claims have been paid directly to me on unfair charges, however recent successfull PPI claims has resulted in card companies paying the claim amounts to my old credit cards. All my credit cards were returned or destroyed as a requirement of my IVA so therefore I no longer own those cards and would have no way of possessing them again as they defaulted during my IVA preparation.
The card companies advise the claims are being returned to the card that the PPI claim was made on. As I no longer have those cards in my possession and in view of my IVA details above, do the card companies have a legal right to effectively pay such monies to themselves?

hawkmiles13

Hi everyone.

I have been through the CCCS website and taken the advice given of offering my creditors a token payment of £1.00 a month. I tried to basically offer above this and try and offer a half payment of the minimum payments.

I have today received 3 replies from 8 creditors in total. 2 of them point blank refuse and threaten court action and charges. 1 agreed which is good news. I am still waiting replies from 5 others.

What action can I take should they refuse payment? I even posted them a copy of the CCCS report telling me to pay £1.00 a month but to no avail.

Any advice much appreciated.

Regards

Phil

LorenaW

I have recently spoken to CCCF and was advised my best option would be the Debt Relief Programme where if my situation stays the same for 12 months my debt will be written off, I am currently staying with a friend in Spain doing the odd bit of work (usually 1/2 shifts per week) and CCCF have said i need to send a credit report which i have ordered proof of debts which i have also got but i also need payslips which i can get no problem but due to the nature of the business i work in ( pretty much a summer job barmaid/waitress ) the pay slips i recieve are printed but filled in by hand , is this going to be a problem to send off?

Many thanks

beargirl

Hello,
I currently have a DMP set up with you but most of my creditors are still charging interest on the outstanding balances, I feel as if I am never going to get them paid off as the monthly interest is around the same as my monthly payments. Are there any other options I could look at and is it legal for them to still charge interest when the DMP is in place?
Thanks

CCCS_Sue

Ethereal_Gaz wrote: »

Hi,
After defaulting on my CC's I entered into a payment plan with MBNA. I was initially given the runaround as they sicked the Optima rottweilers on me to try and intimidate me into paying the full amount. Optima didn't own the debt. I sent all the required letters to Optima and sent my budget to MBNA. I also sent them all the required bank details so MBNA could start taking the monthly payments. The money was leaving my account monthly and I thought I was happily paying off my debt.

Until now.

Today I've received a County Court Claim Form for Northampton County Court. The claimant is MBNA Europe and the address for sending payments is the Optima address. The amount claimed is the full amount, £12800 and there's solicitors costs and Court Fees on top.

Looking back at my last 3 bank statements there has been no payment going to MBNA. I'll need to do some digging to find out when the last payment was paid to MBNA.

There's a response pack with an "Admission" form and a "Defense" form. What should my next steps be?????

Hi Etheralgaz and thank you for your message.

If you have received a county court judgment (CCJ) asking for the full payment to be made immediately or asking for a monthly instalment you cannot afford, you can request a more affordable monthly instalment is set. You should do this before any further enforcement action has been started.
You can collect form N245 from your local court or download one from
HM Court Service. This form allows you to offer an instalment based on your ability to pay. There is a court fee payable to do this.
In order to give you further advice on this,or any help with completing the N245 form and offering a realistic payment, please call us on 0800 138 1111.

Regards
Sue

CCCS_Sue

lilyjoy wrote: »

My hubby and I have £40,000 worth of debts.We have a DMP with CCCS.We have 9 creditors between us.Apart from MBNA and Nationwide both in my hubby's name,all is going well.Both MBNA and Nationwide have issued CCJs.We have asked for redetermination hearings for both as the amount the court set the payments at was way too high.
The 1st hearing was last week.It was the MBNA one.my hubby owes them £12000.The orriginal payment they wanted was £549.00 a month.At the moment we pay £54 through our DMP.The judge ruled payment is payed forthwith.He said the debt would never be paid with the amount that we pay now.He said that MBNA would most proberbly go for a charging order.Our house is worth about £120,00.We have a £97,00 mortgage.The house is in both names.There is £24000 equity.I'm I right in saying that they can only go for half of the amount.Can they make us sell the house .What happens when my hubby goes to court for the Nationwide hearing,he owes them £9000,I suppose it will go the same way.There isn't enough equity to pay both debts off.
I've rang CCCS.it's so hard to get through,and it does cost a lot.I havn't really had any advice when I do get through.It's making me ill.I'm disabled and have a daughter of 14.All I can see is us being made homless with nowhere to live.
Any advice would be great!

Hi lilyjoy and thank you for your message.

If your house is owned in joint names and the debt is in your name only, the charging order is applied to your share of the property.
If you have a joint mortgage, all parties who have an interest in the property are informed of an interim charging order application, including your mortgage and secured loan companies and your partner.
If a creditor has a charging order they can apply to the courts for an order of sale. An order of sale gives the creditor the right to sell your house. However, this is extremely rare and is only ever used as a last resort. A lot of charging orders are granted in the courts but only a tiny portion result in an order for sale. If you can make at least some payment and you are not ignoring your creditors, it is very unlikely this will happen.

If you send an email to [EMAIL="contactus@cccs.co.uk"]contactus@cccs.co.uk[/EMAIL] with your client reference number, I will get someone to contact you to discuss this further.

Kind Regards
Sue