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3Dogs

My husband and I have Council Tax and Rent arrears which are classed as priority debts. Ulitilies are up to date. We also have Catalogue, Credit Card, and overdraft debts which are non-priority debts.

However, my husband took out Black Horse Finance for a car - due to him being diagnosed with cancer at the same time as being made redundant we were unable to maintain payments. Our PPI covered some of the payments but the payment from the insurance company Lloyds/TSB always came well after the due date so he incurred late payment charges as well as interest. Also, earlier in the agreement we deferred some payments when he was off work with a bad back which was not covered under the PPI as existing condition. So when the agreement term finished we still owed about £2000 - after a lot of discussion, we voluntarily surrended the car which went to auction. The balance now stands at £2300.

I believe that HP is a priority debt - but my question is whether this debt is still a priority debt when there is no longer any security (i.e. car). Should this creditor be treated as priority or non-priority please? I have treated them as non-priority and as such offered token £1 payments as with all others.

Many thanks for your help.

CCCS_Amanda

Hufflepuff wrote: »

Hi,

I am new to the forum:)

I have a DMP with Payplan which I have had for the past 7 years and is due to finish in 2047!

I already have defaults recorded on my CRF and wonder how long they last and if more can be added by my creditors?

I would really like clear my debts and am thinking would an IVA be better?

Any thoughts would be greatly appreciated.

Thank you

Hi Hufflepuff,

I would suggest that you get some further advice. Is there a reason that you did not look at an IVA or Bankruptcy as an option when you first took advice on your debts?

An IVA is a really good way to deal with debts in a reasonable amount of time (usually 5 or 6 years), but an IVA is not suitable for everyone.

Why don’t you call either Payplan and ask for a review, or contact us to see if there is anyway you can deal with your debts in a reasonable amount of time.

You can either use our online debt advice facility by clicking here, or you can call our helpline on 0800 138 1111.

Regards,
Amanda

sappy_2

Hi,


To give you an idea of what I am looking at -

Mortgage outstanding as property was handed back after a marriage breakup and there was a shortfall of £53,000
joint loan with ex husband £9,000
Debts then including loans of around £3,000.

This is alot of debt.

At the minute my incomings are as follows

wages £998.00 this will be reduced down to £500per month next month as I am on maternity leave
Child tax credit £382.00
Child benefit £135.00
Working tax credit £50.00

outgoings
Rent
£290.00
c/tax £89.00
water £30.00
gas and elec £47.00
tv licence £30.00
PHone £20.00
shopping £300.00
clothes £30.00

I think that is all

What is going to be the best solution for me. I have two unwell children at the minute which can make it difficult to talk over the phone.

I have no assets or savings.

I also pay £200.00 a month to my dads for his credit card I used when I was trying to keep up my mortgage payments so i didnt lose the house.

I am wondering what the best solution is going to be for me.

tara1082

Ok so my parents just received a letter from bukhannan clark and wells or something like that,it says that they owe an amount of £1502 to barclays bank from 2003 which has been sold to hilsden securities,they have enclosed a northampton count court application saying they are about to apply to this court for a charging order for the said amount. This debt is from 2002 and no payment has been made since 2003 and she has had no contact from them for years so i was under the impression it could not be enforced? Could you please give me some advice on what her options are? She is so worried about her home as this charging order sounds bad.

Emme

Thanks Sarah I'll call them on Monday

Em

roni08

tara1082 wrote: »

Ok so my parents just received a letter from bukhannan clark and wells or something like that,it says that they owe an amount of £1502 to barclays bank from 2003 which has been sold to hilsden securities,they have enclosed a northampton count court application saying they are about to apply to this court for a charging order for the said amount. This debt is from 2002 and no payment has been made since 2003 and she has had no contact from them for years so i was under the impression it could not be enforced? Could you please give me some advice on what her options are? She is so worried about her home as this charging order sounds bad.

I would suggest that your parents send the following Statute Barred letter:-



Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

I/We* would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully


Your parents should sent this letter to the creditor that owns the debt, and a copy to any DCA that is chasing on their behalf, informing the DCA that the debt is in dispute.

lilyjoy

Help needed,
My hubby and I are on a DMP with you.It has been going since July last year.We have 8 creditors between us.Our debts are about £40,000 and we pay £186 a month on our plan.We were informed that one of or creditors has not accepted our monthly payment.Yesterday we got a Claim Form from the court asking for the full amount to be paid.£12000.We have not got this money.What will happen.I am so frightend we will loose our house.Any advice greatly recived

Flipped27

Hi - me and my husband are looking into trying for an IVA and we have contacted CCCS and have a telephone appointment with an IP tomorrow morning - I just wondered, as I am slightly confused.....should we be making token payments to our creditors?

We are all up to date with payments at the moment, but only becuase we are robbing from Peter to pay Paul - if they IVA calculation says we can afford £500 a month - should we be making those pro rata payments from May (alot go out on 1st May) while we press ahead with an IVA or continue to keep on struggling to pay minimum payments?

Thanks in advance

C

CCCS_Sarah

Mercyknight wrote: »

I've just put all my details into the CCCS application and been left with the DMP option which I have applied for/accepted.

Now I am waiting for the pack to be sent to me.

Just a couple of questions:

1. What are the chances of companies agreeing to the DMP?
2. How long will it be before the pack arrives?

Thanks,

Mercyknight

Hi Mercyknight,

Thank you for your message.

You should receive your pack within a couple of days. With regards the interest and charges, the creditors do look at this on a case by case basis and stopping the interest is at their discretion.

Once the proposals have been sent to the creditors, they will then look at the proposals and then make their decision.

Good luck with your dmp and let me know if you have any questions.

Sarah

Mercyknight_2

I hope that you can help me with my questions:

I have set up a potential DMP through yourselves and received the pack yesterday. I need a couple of questions answering before I proceed.

1. If I end up going with the plan will there be a chance that I still have to go to court of a debt? If this is the case how does it get dealt with?

2. All my debts are unsecured is there a chance I could still lose my house or have items (which belong to me) taken by bailiff?

3. Also I think I may have made a mistake I'm not sure if I've got my wires crossed. DFS furniture is that HP or Loan Agreement? It's with HFC Bank and I'm assuming it's a loan.

Thanks for your help in advance,