Please help!!!!

happymonkey40

I have entered an DMP with CCCS with regards to all my creditors, but i am receiving enforcement notices from LLoyds TSB, please could someone explain what these are?


Thanks

happymonkey40

Please, has anyone got any ideas what this means?

RAS

What do you mean by an enforcement notice? Not a term I recognise.

Hannah_10

Give us the gist of what these enforcement notices say? (Leav out anything identifying of course, like account numbers, names etc).

happymonkey40

It states Served Under Section 76(1) Consumer credit Act 1974, then it goes on to say i need the clear the outstanding amount of xxxxx by 27th July 2010, or we will refer your account to our solicitors and then take me to court. I am constantly sending them letters stating i am in a DMP with CCCS, but they dont seem to be listening :mad:

Tixy

Its a letter before action then.

Legally they have to send out a letter giving you at least 7days to clear the debt before they can then take you to court.

It shouldn't really be used just as a threat- although some creditors do. Really it should only be sent if they do intend to take you to court.

Do you owe LLoyds a lot? If they send you court papers then do not send them to CCCS. You need to come on here for advice on completing them.

happymonkey40

I have a lot of debt with LLoyds, 2 CC, 2 OD and 2 loans, we did approach the bank over a year ago, expressing financial problems stating my husbands hours where being reduced, and they stated there was nothing they could do. Earlier this year (end of May), we approached the CCCS and set up a DMP, i advised all our creditors the first payement would be made by the end of July. I have called Lloyds and explained this, but keep receiving these letters. The last call i made they state they have not received any notification from Lloyds about the plan, i have contacted CCCS who have advised they have sent them, i need help and advice please, i dont know what to do?

NorthernLas

HM - Does the letter say it is a default notice anywhere?

If you have entered a DMP and cannot keep up payments, the bank needs to follow a procedure to tell you this.
It does not matter that you have told them you are in a DMP, they have to send you the letters. If you cannot pay then they will also send you a termination letter.

My suggestion would be that you sort out a file for each of the accounts and put the letters in there so that you have a record of what has been sent.

You have done all you can at the moment, you are not in a position to pay and you do not need to answer the letter.

Don't take this the wrong way, but is there something else you can use your energy on that you can control? like doing meal plans or a spending challenge? Anything positive that you can do will help you start to feel better about the situation.

happymonkey40

I wish i could, this is making me ill, i go to bed worrying about it, and wake up worrying about it, i get snappy with the children and my OH, i just wish i could buy a lucky lotto ticket and make the whole situation go away:(

Tixy

Hi

Firstly are these debts all in your name or your OHs?
As it sounds like they may take you to court then have you ever looked into unenforceability? I think at this stage it might be worth considering it for the loans and credit cards if they were openened before April 2007. (Can't be used for overdrafts).

Have you paid a token payment at all for May/June?

happymonkey40

yes, i have made token payments for May/June just a £1.00 each, cant do loan one as i dont know how to pay into a loan account