DMP Advice.

msloopyloo

My hubby and i are currently just about keeping out heads above water with our debts.
I have suggested to him a DMP, but he said that it would be declared in the county court, and he could lose his job over it, because as a civil servant he is not allowed to get into debt, and have CCJ's.
Is this true?
I am at the point were i don't care anymore, and really want to get it sorted, he is earning rubbish money, and is really slow off the starting block finding new work with more money, i am 31 years old, and really want to start a family, but can see no way of this happening.
Right now honestly i hate the position we are in, and am starting to feel very depressed.
I can't do a SOA at the moment because i am in work, and OH does the money, i just know when we don't have any, because he shouts at me a lot.

HHH_2

Oh you poor thing you sound very down. I'm not totally sure but I dont think having a DMP has anything to do with court, well at least mine doesnt. Im sure someone who knows more will be along soon.xx

Sea78

Hi

My OH is a civil servant and has had ccjs in the past. Made no difference, but maybe it depends on his department. Also it would only be a County court judgement, and not, to my knowledge, reported to anyone like his employers.

Sea xx

in_over_my_head_2

It's difficult to advise without going into details, and I totally sympathise because I was at that stage for a long time before finally sinking in debt...

I think it's IVA's that involve courts.
So far the creditors on my DMP haven't taken me to court, but I believe they still can do if they want because I'm not meeting the minimum repayments they set, although obviously my DMP is paying at least something towards it I've still defaulted on the credit agreement. I think it's entirely up to the creditor, so will depend on the amount of debt and amount being repayed.

If you think you're struggling though, I'd definately recommend calling someone for advice before it gets any worse, maybe you could negotiate with your creditors yourselves?

msloopyloo

My OH works for the courts, which is why he could lose his job.
At the moment he is selling loads of stuff on eBay to make extra money, he will not move himself to get a better paid job, he is only on £16500 PA, i earn 20000 PA plus i also work Saturday nights in my local pub for extra money.
I resent him at the moment, because he doesn't seem to be helping very much, he won't even entertain the idea of a 2nd job, and lets me carry on working 60 plus hours a week, plus i do all of the housework, washing, cooking etc.
I am not sleeping very well, the mattress has really had it, but we can't afford a new one, the tumble dryer broke over the new Year, so i am currently drying everything on radiators, and airers at the moment, he yells at me all of the time, for no reason, i really feel as though i am going to lose it before long, and don't know what to do.
I have registered with Freecycle, and asked for a dryer, and have also check ed the free ads etc.

msloopyloo

Sorry guys i had to bump, because i really haven't had my initial question answered,

Thanks in advance xx

ZTD

A DMP is an agreement between you and all your creditors. It does not involve the courts unless it goes wrong. It is purely voluntary on both sides. If your creditors don't agree, or change their minds, then they can use of the usual means to get you to pay - like CCJs etc.

An IVA is an agreement between you and min 75% of your creditors. The other 25% can like it or lump it but it's binding on them as well. Once signed up for, it is binding on both you and your creditors. If you fail to keep it up you can be made bankrupt. Again - unless it fails - it doesn't involve the courts.

Bankruptcy involves the courts (obviously).

Being a civil servant and not being allowed to have debt is ludicrous. Buy an interest free settee and lose your job - yeah...right.

Check his contract - some jobs you can't have when you're bankrupt - that's the only prohibition I know of.

skylight

A DMP is NOT declared in court. That would be an IVA or bankruptcy. A DMP (Debt Management Plan) is a personal thing that you set up with your creditors.

The downside is that it is only an agreement and a creditor can still take you to court for a CCJ and do not have to stop interest/chargesd etc . HOWEVER, a creditor is unlikely to take you to court for a CCJ if you are paying regularly. Its not in their interest as they will not get anymore money.

It depends on what his job actually is and what his contract states as too his job position in this event. But, it sounds like actually its a ploy from him - he is probably too embarassed to discuss the problem with you properly and this is his "get out". Its not many jobs that are affected with IVA or BR and even fewer that are affected by DMPs and CCJ's - afterall debt is not a crime!

Emmzi

It sounds like you have answered your own first question, could he lose his job, yourself. Creditors do not *have* to accept a DMP (most do but some can be difficu;t) and may elect to go to court. If it's in his contract that CCJs could make him lose his job, then that may well happen.

It must be difficult having no control over the money, and getting shouted at. It doesn't sound like a fair partnership to me.

Do you know why you are in debt? Is there anything to show for it? And how big the debt is?

Sounds like you could use a calm, frank discussion. Can you get copies of your credit reports to share with each other so you both know the total size of the debt, and start from there? You sound like you don't feel he's pulling his weight financially or around the house, which may mean there are some bigger issues than money ones you need to sort out first.

Do you have someone you could stay with fpr a few days so you can think things thrpugh with a clear head and no shouting?

mjdh1957

Sorry to hear about your worries.

It sounds like he is still 'head in the sand' and in denial or something.

Is he depressed? Have you fully talked about your money worries? Could you both go to see Relate? Sometimes you need to push someone to really see the full cost of the problem before they have the 'lightbulb' moment and take action.

CLAPTON

the situation with civil servants very much depends upon the particular job. if he is a member of the union he could ask them for confidential advice or ask his HR department in confidence.

without seeing a SOA its not really possible to add much more