Struggling with debt? Ask a debt advisor a question

CCCS_Sue

nocciola10 wrote: »

I just found out I have a CCJ (was sent to my old address). The debt was settled a year before the CCJ was issued, so today I applied for the CCJ to be set aside. I also sent proof that the debt had been settled (bank statements).

My questions are:
How long does it normally take for this to be resolved?
Are bailiffs likely to turn up? The debt is for less than £600.
As it was issued in error (I believe), will it be completely removed from my credit report?
And finally, as it was in error, can I reclaim the £75 it cost me to apply for it to be set aside, from the Claimant?

Many thanks

Hi nocciola and thank you for your email

If the court agrees to set aside the CCJ, you will then get the chance to put your case. If the court agrees you don't owe the money, it will remove the entry from the Register of Judgments, Orders and Fines although this could take three to four weeks.

If you have applied to set the debt aside on a form N244, bailiffs should not visit your property.

You could enquire at the court to see if they are willing to refund the fee due to the fact the debt had been paid previously.

Regards
Sue

CCCS_Sue

Rochdale_Guy wrote: »

Sorry to post a link, but all my details are in this thread below:

https://forums.moneysavingexpert.com/discussion/2509367


I can't get online that often, but will try to check tomorrow for any lifesaving advice.

Thank you ever so much in advance.

RochdaleGuy

(or PM me)

Hi Rochdale Guy and thank you for your message

I would recommend that you call us as soon as possible to speak to one of our debt counsellors about your situation.
The counsellor will look at your income and expenditure and help you to put together a budget.
They will then discuss all the possible options to deal with your debts.

If you are banking at a bank where you have an overdraft and other debts, then you could look at changing to a basic account elsewhere. This puts you back in charge of your finances and stops the bank taking money from your account without your permission.
You can then repay them at a realistic amount you can afford.
To book an appointment with one of our trained counsellors you would need to contact our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.

Alternatively you can visit our online debt advice facility called Debt Remedy. Debt Remedy would assist you in completing a financial statement and you would be provided with tailored advice on the best way to deal with your situation. This link will take you directly to Debt Remedy www.cccs.co.uk/ref/drcu

Regards,

Sue

CCCS_Sue

mum26 wrote: »

Hi We have a DMP with you, Our car however doesn't seem to understand this, last month I had a small accident (not an insurance matter) which has cost us a few hundred pounds for a bumper and for it to be sprayed, and this morning the car broke down on the school run (luckily we have recovery included in our insurance) and is going to take a garage job to fix it (coming later to have a look and give quote), how do events like this fit in with a DMP as we have no spare cash to cover this situation and are also struggling with all the back to school expense? Advice welcomed

Hi and thank you for your message

You need to ring our client support team and they will review your budget for you.
They may be able to reduce to your DMP payment until you get back on top of your priorities, but you need to discuss this with them first.

Regards
Sue

canonalberic

Hello there

My question:
I've offered MBNA £5800 (around 70% of my total owing) in Full and Final Settlement. They've written back saying that they can't accept this as Full and Final, but will accept it in Partial Settlement, which means that the debt will be recorded as partailly settled with credit reference agencies, which will affect my ability to obtain credit in the future.

That, I'm fine with; I don't want any more credit in the future.

What I do want to be sure of is that when I pay the agreed amount, that will be the end of the matter, and that no further attempts to recover the debt will be made.

MBNA's letter says:

"Upon receipt and clearance of the specified payment(s), we confirm your account will be closed and no further action will be taken to recover the outstanding balance."

I phoned them up, and got them to send me an email saying that there would be no attempt to recover the outstanding amount by MBNA or any other agency (I'm thinking of DCAs here).

Once I get that in wrting, I'm going to send them the money.

In your experience and best judgement, will that be the end of the matter?

Many thanks.

canonalberic

Hello again; another question:

I'm currently negotiating Full and Finals with my creditors. I offered HSBC 70%, but they wouldn't go for it; on the phone they have said they will accept 90%. I said fine, but I'd like confirmation in writing that said 90% is Full and Final and that no attempts will be made to recover outstanding balance before I part with my money. I asked them to email me with confirmation of this, but they refused, saying that as their calls are recorded, that's sufficient evidence of its being Full and Final.

Am I okay to go ahead, or is there something dodgy about this practice?

Many thanks once again

roberts516

Many thanks sue for the advice have changed my bank account feel in more control. I do not have an IVA it would be unenforcable with our joint incomes, I know that now! Thanks for the link I will certaintly look at that ,I think the DMC mis-lead me big time and have no right to my money which would be better spent on my debts so I will fight for it back.I have been in-touch with Pay-Plan and National Debt line and im in fighting spirt at last ! after 4 months of hell. Watch this space . Many Thanks again

roberts516

Hi all just had a letter of Hsbc my account has been closed ! no surprize there and they have sent me a Direct Debit form for new payments.I am too scared to send this off as they will have control over how much they take. I am also scared that they could clear my new Bank Account(with a different Bank ) So Ive decided to pay them £100 cash this week and next week when I get paid set up a Standing order for £200pm. This way I have control of my payments and paying abit extra (£30pm) of my arrears which I think stand at £800.What would you advise please.

Mega_drained

Hi
Im out of my mind with worry - this is the situation
I owe circa £40k - breakdown as follows:-
Business rates £10k
Council tax £1K
Loan - £10k - in process of going to debt collection agency
Credit cards - £10k
CCJ - £5k (only registered last week)
Tax credits overpayment £3k (please believe not my fault)

Own my own house (paid outright) - worth £90k

My business failed (hence all the above) and my husband has left me

My dad has offered to give me his life savings £20k

Where do I start? Will anyone accept offers?
All the above havent been paid for around 6-8 months and I have quite foolishly ignored letters (im sure you can appreciate I had a breakdown, on medication etc, but managing to hold down a full time job)

Tried re-mortgaging but because of the ccj they wont entertain me.
Been told if I clear it in a month it will disappear.
But have 2 defaults on my credit rating (approx £10k)

Think thats about it
Thanks for looking

Lizzyindebt

Hi

I have been on a DMP with a company called The Debt Dissolver for just over a year, but since then my circumstances have changed (I got made redundant and had a baby), so my income is a lot lower than when I set the plan up. I have been advised by someone at CCCS to contact my creditors and offer them £1 a month as my outgoings are now more than my incomings.

I have now spoken to the Debt Dissolver and advised them that I am going down the CCCS route and will be making minimum payments to my creditors myself (and saving myself the monthly fees). The response I have got from the debt management company has been quite harsh and scary. They are implying that if I come out of the debt management plan with themselves, I will be breaking the agreement with the creditors and will have a charging order placed on my property (which I have jointly mortgaged with my husband). She also said that I would only be able to make nominal payments for a couple of months before being chased to make larger payments. My baby is only 4 months old, and I wanted to wait a little longer before trying to find work (my MA runs out at the end of November).

Am I right to be scared about the charging order? I know that my credit rating is already poor, due to my DMP, but don't want to be forced into selling my family home, which has little equity in it.

Any advise would be helpful

Thank you

Rochdale_Guy

CCCS_Sue wrote: »

Hi Rochdale Guy and thank you for your message

I would recommend that you call us as soon as possible to speak to one of our debt counsellors about your situation.
The counsellor will look at your income and expenditure and help you to put together a budget.
They will then discuss all the possible options to deal with your debts.

If you are banking at a bank where you have an overdraft and other debts, then you could look at changing to a basic account elsewhere. This puts you back in charge of your finances and stops the bank taking money from your account without your permission.
You can then repay them at a realistic amount you can afford.
To book an appointment with one of our trained counsellors you would need to contact our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.

Alternatively you can visit our online debt advice facility called Debt Remedy. Debt Remedy would assist you in completing a financial statement and you would be provided with tailored advice on the best way to deal with your situation. This link will take you directly to Debt Remedy www.cccs.co.uk/ref/drcu

Regards,

Sue

Thanks Sue, I have done an SOA here:
https://forums.moneysavingexpert.com/discussion/2509367