Struggling with debt? Ask a debt advisor a question

spoll_2

CCCS_Sarah wrote: »

A creditor will apply to the court for a charging order and an interim charging order will be granted if the court is happy that they own or part own a property. This is not a final charging order. Your parents will be given 21 days notice of a court hearing, the hearing will be to see if the final charging order will be granted.

The hearing will be in the Judges private chambers. If your parents object to the charging order they will have to write a letter of objection at least seven days before the hearing stating the reasons why the object. The objections should be taken into account by the judge at the hearing. I would recommend that your parents attend the hearing, so if it is not at their local court, they can apply for this transferring by completing a form called an N244 and explain the reasons why they can not get to the other court i.e. distance.

Possible defences that your parents could use are:-

Ø If the charging order would prejudice other creditors i.e. not enough equity for all creditors to have a charge on their house
Ø If the house is in joint names and the debt is just in one of their names
Ø Not enough equity to cover the debt
Ø If the total debt is below £5000 they could apply for an admin order instead


If the charging order is granted, your parents could ask the court if they can pay in instalments.

Your parents could ask the court for conditions to be added to the charge. For example, as long as the payments are maintained that they do not allow an order of sale.

If your parents want to attach conditions to the charge then they would also need to supply written evidence along with a financial statement.

Hope this helps, if they need anymore information then they can call our client support department and they will be happy to discuss this and send out a new financial statement if needed.

Sarah

It's unlikely that my parents will be able to attend the hearing; my Dad has taken quite a lot of time off to take my Mum to hospital appointments in regards to her stroke and he cannot afford to take a day of unpaid leave.

Would it be possible for me to attend in their absence? Can I just turn up or will I need to contact the court before to confirm this?

Thanks

deepintrouble

Hi, I'm after a bit of advice, I'm currently in a CCCS DMP and have been making payments for about a year. As of Friday I've been notified I'm being made redundant. I've only been in my job for two years, so won't get much of a payment. I'm intending to write to all my creditors to inform them of this and ask them to accept £1 token payments for the next few months. Would these payments be better paid by me direct, or through CCCS as part of my current DMP?

Thanks

mtd-142128

Hi
I am in a dmp with cccs, but I have an ongoing problem with Lloyds TSB credit card.
Since I transferred over to cccs from a fee charging company they have been charging me interest & also late payment charges too. I have phoned them numerous times and also written but had no reply to the letter.
The problem is that cccs have the payment to them at higher than the contractual payment stated, therefore the interest is charged, Spoke to someone at cccs but payments can't be lowered. Also I think Lloyds request payment every 4 weeks so my payment is reaching them too late therefore they are charging the late payment fee.
Is there Anything I can do as I'm very stressed with the situation
Thanks T

rockyxs

Hi, I have contacted ccc s twice as i was recomended by a friend. Unfortunatley, they told me i had to wait till i had reduced my un-secured debts to free up some income. at present i have more going out than coming in. not sure what to do next. i thought ccc s were able to help in this situation.

brokepaolo

Hi,

I am due to start a DMP with the CCCS but haven't yet sent off all the paperwork to either my creditors or to the CCCS.

The reasons for this are as follows:

1) one of the companies I owe money to(American Express) had originally passed my debt on to a debt collection agency, but they have told me they no longer deal with my account. Who should I send my DMP letter too? American Express directly?

2) When filling in my debt remedy on the CCCS site, I originally entered an income of £1290 after tax because that's what I'd calculated my salary would be following a payrise that was confirmed to me just prior to my filling out the debt remedy. However, my net income after the payrise is actually £1270 now, probably due to some change in my taxcode.

3) having moved house in February, I only recently got round to informing my employer of my new address and last month's payslip(I get paid on the 20th of each month) was sent to my old address, I asked the current tenants if they had it and they said it probably got thrown away when they couldn't find it. I do have a payslip from december last year but that shows my old salary. Should I send that to the CCCS along with the other documentation required for my DMP?

4) Finally. when sending letters to my creditors informing them of my DMP and including my token payments of £1, I've heard that I should not sign them with my usual signature but on the template letter from the CCCS, it says that I should use my usual signature. which should I use then?

thanks,

Paul.

PUREHOMES

Ive got to the point where both my partner and I need to sort out our debt.

The questions i have are:

1) I have a full time job, but recently set up my own business too to try and make some extra income. Would a DMP or IVA affect this? At the moment I have not taken any wages out of the company. The reason being I am trying to build up a few thousand pounds in there, so that I can compete for bigger deals. The plan is to not take anything out of the company for 12 months (another 9 months from now)

2) Both our credit scores are obviously shot. Our mortgage is up for renewal next year. Which out of a DMP or IVA affects this more?

Thanks

babyplum

Hello! Hope you can help.

I have been in a DMP with CCCS since 2005 and when we had our 1st child in 2008 we had to lower our monthly payment to CCCS significantly. Originally we had a debt free date of 2010 but due to our lower payment this has now changed to something crazy like 2018.

I have just finished calling all of our creditors to get an up-to-date balance from them and to check if there is any interest being added to the accounts. They all confirmed that they have now stopped adding any interest and i finally feel like i am getting somewhere.

However i have just started a new job and am in a position to be able to pay more to the CCCS each month. I really want to get this DMP over with asap as my husband and i are still renting and would really like to be able to buy our own home in the near future. But i am really worried that some of my creditors are going to see that i can afford to pay more and will start adding interest again. Is this likely to happen?

superdupermummy

Hi
I am after some advice for a colleague regarding locating and paying a CCJ.
He recently discovered that there as an outstanding CCJ on his credit file dating back to 2005, he had a few CCJ's back then and thought that they had all been satisfied.
The outstanding one states that it is Natwest, he has held a current account with them for many years so they have always had his address details but he has no idea what it is for.
He has spoken to northampton county court who gave him the name of the solicitors who were dealing with the case.
Geoffrey Parker bourne.
Called them and they said it had been passed to H.l legal services.
Called H.l legal and they said they aren't dealing anymore and that it was passed to Intrum Justitia.
Called them and they said it was passed back to Natwest in December 2005.
Called Natwest and they couldn't see anything on his file reflecting this.. Said they would pass it to the care team to call him.
The reference at the court simply states "Natwest" as the claimant.
He has chased today and they still have no record of this.
It is only for less than £150 and he is willing to pay it to get it off his files. Surely if it states Natwest they can take the money and satisfy the CCJ?
This is causing issues in credit checking by a potential employer and he needs to get it sorted ASAP.
He has hit a brick wall in getting it sorted as no one seens to be able to help?
Any ideas?
Thanks
xx

:mad:

annalou_2

hi guys,

my partner and i have finally come to accept we can't carry on any longer without tackling our huge credit cards debts (around 25k)
since last year we have been drawing cash from credit cards to pay into our bank accounts just to make the minimum payments to the cards and having to use the cards just to buy food and petrol as our minimum payments are taking up so much of our salaries.

its such a miserable cycle but i am scared to tackle these debts and admit the problem because i work in a bank myself and we have annual credit checks, so if i call the credit card companies to tell them we can't make our minimum payments i'm scared it will flag something up to my employers and i will lose my job and make things even worse.

my employers are RBS and i owe £3k to them on a card and an overdraft too.

emmabean9

Hi

I've not posted before on a forum so apologies if I get this wrong or if I've posted in the wrong place.

I need some advice on how to move forward as I am overdrawn by £3500. My limit is £4020 (with a £500 buffer but this incurs daily charges and is by agreement only) I am trying to reduce my outgoings as much as possible so to pay off my overdraft as quickly as possible and get back into the black. I haven't missed payments on anything.

I am a single parent with one child working 30 hrs per week. I can't work overtime as Tax Credits will reduce and I will be in the same situation. My son is only 5 and childcare is a big problem.

My Income is as follows

Earnings £930.00
Tax Credits £315.00
Maintenance£150.00
Child Benefit £81.20

Total Income £1476.20

These are my outgoings

House
Mortgage (£110000.00) £708.89 (will reduce January 2011 when fixed 6.95% rate comes to an end and I go on to base rate & 2.34%)
Water £ 34.27
Gas & Electric £ 82.00 (will reduce over summer plus have really good deal with provider so switching isnt an option)
Council Tax £ 75.10 (already have 25% single person discount)
Home & Contents Insurance £ 10.00

Car
Car Insurance £25.00
Car Service & MOT £13.75
Car Tax £ 2.50
Fuel £50.00
Tunnel £10.00
Car Park £29.38

TV
TV License £12.12
Sky £48.00 (reduced to £36.73 for a few months - trying to get out of contract completely otherwise paying until February 2011)

Finance
Repayment to Mum and Dad for deposit on House £ 50.00 (£14400 left to repay - interest free)
Personal Loan (£10000) £163.16 (81 months to go)
Overdraft Interest £ 20.00 (currently £3500 overdrawn on £4000 limit)
Current Account Fee £ 6.50 (can't get rid of otherwise interest rate on overdraft will rocket)
DFS £ 17.18 (27 months to go)

Other
Housekeeping, ie Food etc £100.00
Child Care £ 95.00

Total Outgoings *** £1552.85 ***

So every month I am going at least £75 more into my overdraft. I am thinking of selling my car and using the money to repay some of my overdraft. I can get a travel pass which would cost about £60 a month so that would mean I was only going overdrawn by around £5 per month but if there is any other way I can reduce my outgoings further, ie if anyone knows how I can get out of Sky contract (which seems to me to be the only thing I can get rid off), please can anyone help?

Thanks