DMP Mutual Support Thread - Part 7

Hopelessly_Hopeful

ianmak wrote: »

Don't mean to be rude back, but that's how CCCS work. PayPlan work it out differently, effectively the way I mentioned above, and my loan is treated the same as the CCs.

That's really useful to know Ian, didn't appreciate they worked differently in that sense. Will discuss at my next consultation.

HHx

grantalien

Loubylou2 wrote: »

Thanks Grantalein I am actually really afraid of the thought of a CO and sorry to ask for the fiftieth time but am I understanding you right that they can definitely only ask for one if a prior CCJ aproved in court is not paid on?


My three are all at home and the youngest for at least 5 years.

still a wee bit fuzzy myself on this - I think a CO can be asked for when a judgement is requested - in my case the initial application for a forwith judgement (the full amount) was rejected but they tried again for a CO at the redetermination.

Basically if they get a CO you need to keep to the terms of the judgement - if you fail they MAY try to realise the CO, but, the court will not look well on a CO being enforced to sale if children are involved or indeed if the amount is small.

conclusion..they seem to able able to ask for a CO at any time but enforcing it is a whole different ball game..waffle waffle waffle by me

Hopelessly_Hopeful

As I understand it charging orders don't force a sale. It just says if you do sell they get a pay out from the equity? HHx

grantalien

Hopelessly_Hopeful wrote: »

As I understand it charging orders don't force a sale. It just says if you do sell they get a pay out from the equity? HHx

sort of true and this is why people see to think they are "OK" but..if a CO is granted it can in certain situations enable a creditor to push for a forced sale - this is unlikely and rare but can happen (It will mostly depend on amount owed and circumstance) - that is why its important to try and avoid them

once again...this is rare and extremely unlikely but people should be aware

Bubbahut

Hi

I am looking for advice please

My husband has just had a ccj from Natwest and even though we completed the forms with an income and expenditure showing we can only afford £75 a month the courts have set the amount at £979 per month! we have a redetermination hearing on monday is it likely that they will change the £979 monthly repayment?

thanks for any help anyone can give

grantalien

Bubbahut wrote: »

Hi

I am looking for advice please

My husband has just had a ccj from Natwest and even though we completed the forms with an income and expenditure showing we can only afford £75 a month the courts have set the amount at £979 per month! we have a redetermination hearing on monday is it likely that they will change the £979 monthly repayment?

thanks for any help anyone can give

Have a look back though my posts - i have just been though the same thing - an important thing to remember is that rightly/wrongly the creditors will have been unlikely to send the income/exp forms to the court (a lesson we learned so I have sent them myself) - send a copy to the court (quoting your case no. and ask for it to be added to the notes). If your income/exp is a fair representation then the court should set it at the amount that you can realistically afford - you may find that natwest go for a charging order (ref to my earlier posts regarding this) - any questions please shout - I have another redetermination hearing tomorrow so will post the outcome!

sugar9

Hi everyone, just an update. Had a letter from Next - agreed payment plan for Dec - Feb (hoping if they see payments are regular will extend further). Capital One also said yes. Halifax have sent us a Default Notice regarding our Personal Loan and also just keep sending weekly statements regarding Overdraft. No other news from our other creditors. First payment due out tomorrow to CCCS

unsuremom

hi everyone, just an update to let you know how things are going in my DFW world.
Today is my first day back in work after being off for 10 weeks and to be honest I dont think I should be back yet as I still dont feel right, but if I am off for much longer I will have to go away for several weeks for retraining and assessments and I dont think my stress levels will cope with that. Luckily work have been fine with me going onto my DMP and my managers have been very understanding which makes it a lot easier. I am also now seeing a councellor regarding my panic attacks to help me cope better with these.
I am about a month and half into my dmp with payplan and I must admit they have been brill. they have sent off the offers recently (santander held this up :mad: by not responding) and I am now waiting for their responses and I have made 1 payment to my dmp yaaay.
I did have a small issue in the fact that my new bank account came with an od facility and as all my new dd details have gone out at different times than normal I have gone into the od slightly. However Payplan have been fine and just advised that once DH gets paid on friday to have th od facility removed.

I must admit that since we have signed up to this plan we have felt so much happier and once I know that everything is in place and we have some emergency funds behind us I will feel even happier.

I am now the ebay queen and am still ebaying anything and everything. It is amazing what some people will buy lol.

we have stopped carbooting now due to the weather, but we have had a good run and are now storing things for next year ready to start again. Even my 2 boys have started selling things and have held several "toy/book" sales on our drive or have helped us on the booting on the condition that they can keep the money:D

Anyway, I had better go as I should be working, but I just wanted to catch up with you lovely people as I have not been on here for a while xxxxxx

grantalien

Redetermination update number 2!

Well...this one went even better! - Nationwide wanted £120pcm on a balance of £2400 OR by way of a CO (which they claim they would not enforce) they would except my offer of £29.49.

Judge was awesome! - told Nationwide solicitor straight away that he bases all his judgements on income/expenditure - always has done and never had one go to appeal! - Solicitor tried to argue but Judge got cross telling him we had done all we could, shown willing through DMP and best of all stated he would not accept this aggressive behaviour from a creditor and in no way would make them preferential.

CCJ awarded in my favour but best bit was..

Nationwide claimed court costs - Judge said why would he award court costs when they had lost - brilliant - solicitor was knocked for 6!

Today - common sense prevailed...tomorrow who knows!

Me 2 - Nationwide 0

mummum2

grantalien wrote: »

Redetermination update number 2!

Well...this one went even better! - Nationwide wanted £120pcm on a balance of £2400 OR by way of a CO (which they claim they would not enforce) they would except my offer of £29.49.

Judge was awesome! - told Nationwide solicitor straight away that he bases all his judgements on income/expenditure - always has done and never had one go to appeal! - Solicitor tried to argue but Judge got cross telling him we had done all we could, shown willing through DMP and best of all stated he would not accept this aggressive behaviour from a creditor and in no way would make them preferential.

CCJ awarded in my favour but best bit was..

Nationwide claimed court costs - Judge said why would he award court costs when they had lost - brilliant - solicitor was knocked for 6!

Today - common sense prevailed...tomorrow who knows!

Me 2 - Nationwide 0

Brilliant news! :j well done to a great judge :A. Well done you and thanks for the update. :T:beer:

MM2