Struggling with debt? Ask a debt advisor a question

Former_StepChange_Richard

onwardsandupwards127 wrote: »

Hi

I recently posted on here and had some great advice.
I have debt that has all become statute barred.
The last payment I made was in 2009 through CCCS. I have not acknowledged any of the debt since I stopped paying, this was advice given to me then.

About a month ago I received a CCJ form which I responded to as advised on here.
Today I received a response from that.

It is titled:

Notice of proposed allocation to the small claims track.

It says

Take notice that...

1. This is now a defended claim.
The defendant has filed a defence. (a copy of which is enclosed- typed but then crossed out with pen and nothing extra in envelope)

2. It appears this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for your claim, you must complete box C1 on the small claims directions questionnaire (Form N180) and explain why.

3. You ,ust by 11th November 2016 complete the small claims directions questionnaire and file it with the court office...(address) and serve copies on all other parties.

Can someone please help me with this?
Thank you so much

Hi there

Thanks for your message.

I've seen from another post that you have already had some good advice on this issue. Let us know if you have any further questions and we'll be happy to help.

Richard

Former_StepChange_Richard

tightrope wrote: »

Hi

I hope someone can give me some advice here,

After having a gorgeous little boy over 2 years ago our family finances have been tumbling down a slippery slope. Between the childcare, rent and living costs we've managed to rack up £56k in all sorts of debts from balance transfers on credit cards to 3 personal loans. We've had a few big expenses that we couldn't do anything about but we're repaying £1100 per month just on debt. After paying all the bills we're basically even, some months we're short and go into our overdraft again or we'd do another balance transfer and so on.

I've never missed a payment but it is a struggle. Can anyone advise us on how to reduce our monthly repayment so that we can just breathe a little? It does feel like you've got a anaconda wrapped around you. :-/

Hi

Thanks for your message and welcome to the site. I'm sorry to hear how these debts are making you feel and I can understand you wanting to get things sorted for your family. We can help. I'll explain how.

To be able to do give you the best advice we need to make a budget with you that shows us your full financial situation. From this we can work out what options are open to you to help you deal with your debts. We'll then advise you on the best solution available.

There's two ways to begin this with us:

You can use our Debt Remedy tool on our website. This is a free selfhelp tool that allows you to build the budget in your own time. The advice will be provided to you once the budget is complete.

If you'd prefer, you can call our Helpline and speak with one of advisors who will make the budget for you and then explain your advice. All our contact details are available here.

I hope this helps and we look forward to hearing from you.

Richard.

Former_StepChange_Richard

Gus1855 wrote: »

Hello,

Having checked my credit file in August for the first time every (silly I appreciate), I found I had a CCJ against my name but from an old address. Naturally, I'm doing all I can to find a way to mitigate the damage from this.

Having done some digging and looking on credit reports, I've found the following:

Original default date to Lloyds TSB was 30/11/2011
I updated my address with Lloyds TSB when I moved house on 6th October 2014.
This appears satisfied with Lloyds and the debt assigned to 1st Credit on 1st November 2014 (please note, after notifying Lloyds of my change of address.
Then I get a CCJ to the old address in 2015. Which I obviously didn't know about.

Is this grounds to have the CCJ set aside based on being able to prove I notified my creditor of a change of address? I'm was in touch with the creditor as soon as I found out about the CCJ to start paying it off which I am now doing.

Thanks

Hi Gus

Thanks for getting in touch.

I'm assuming that you have checked that the CCJ is in relation to the debt from Lloyds? Might be worth looking into this if not before applying to set aside and paying the £255 fee. If you're elligible, you can of apply for the fee to be waivered through the EX160 court form.

You can certainly apply to have the CCJ set aside, but I'm not able to give you legal advice so I can't comment on the success of your case specifically. The court will make a decision based on all the evidence available. The only thing I can say is that generally speaking the court will not always agree that not receiving paperwork is grounds for setting aside a judgement.

Let us know if you any further quesitons about this or if you need any further help.

Richard

Jennye86

Hi,
I am unsure on where to gather some much needed information and was hoping someone here could assist.
Approx 3years ago a home I owned jointly was repossessed by GE Money. Last year the main body GE Capital sold off their mortgage lending GE Money in the UK.
What does this mean for anyone like myself who owed money. I have been trying to find out what the situation is in order to decide on what steps to take next.
Thank you.

LMC83

Hi, I've just had m DMP review and they've suggested I go onto an IVA instead as at my current payment rate it'll take me about 30 years to clear my debts. Can you please advise me:

1. They said it can affect some employment. I'm a nurse and also registered as a social worker (though not employed as this at the moment). Is this likely to be an issue? It's not really a conversation I want to have with my boss.

2. Some of the debts that would be included are joint with my ex husband. We're now on separate DMPs as he wasn't reliable in paying his share of the joint one. I doubt he'll keep up his separate DMP or bother with an IVA so how will this affect me on an IVA if he fails to repay towards joint debts?

Thanks

StepChange_Rachael

Hi

Thanks for your post and welcome to the forum.

It’s quite common for a creditor to sell a debt on once it’s defaulted. When this happens a collections agency will then start collecting for the debt on their behalf.

I think it’s quite likely the debt will have been sold on.

The company will normally send you a letter to confirm who’s now collecting for the debt so you are aware who to expect correspondence from.

One way to find out about where you stand with an outstanding debt is to check your credit file.
Your credit file will show details of your debts. There are three credit agencies In the UK. Call credit (Noddle), Equifax and Experian.

Not every creditor updates their information to all three. If you’re unsure of the debts you have or can’t find an expected debt registered on one of the credit reference agencies then I’d suggest running off a report for the others.

Noddle is free, if you decide to use Equifax and Experian they normally give you a month’s free trial. Make sure you cancel your membership within the free 30 day trial or you’ll be charged a monthly fee.

Equifax also has an application called Clear score you can use for free.

Hope this helps.
Rachael

Jennye86 wrote: »

Hi,
I am unsure on where to gather some much needed information and was hoping someone here could assist.
Approx 3years ago a home I owned jointly was repossessed by GE Money. Last year the main body GE Capital sold off their mortgage lending GE Money in the UK.
What does this mean for anyone like myself who owed money. I have been trying to find out what the situation is in order to decide on what steps to take next.
Thank you.

StepChange_Private_Messages

Hi

Thanks for your post.

Firstly some types of employment can be affected with an Individual Voluntary Arrangement (IVA), as it’s a type of insolvency. It’s unlikely to affect most types of employment but it’s important to check if you’ve any concerns.

If you don’t feel comfortable asking your boss then there are a few alternative ways to find out. You could check your agreement, if it affects your employment it should be written in your contract.

You could also ask your Human Resources (HR) in confidence or if you’re registered with a nurses union then they will be able to let you know if it would be a problem.

You could also contact the Insolvency Service if the other ways aren’t an option for you at the moment.

Secondly, at the end of the IVA you’d no longer be liable for any remaining debt. The liability for any remaining debt in a joint name will still be liable to the other named person unless they also go ahead with insolvency.

Any debt solely in your name will be written off at the end of the IVA.

I assume you’re a client of ours. If so, you can find our contact details here to discuss our advice with you further.

Even if you’re not a client feel free to contact us before you go ahead with an IVA for a second opinion and further impartial advice.

Hope this helps.
Rachael

LMC83 wrote: »

Hi, I've just had m DMP review and they've suggested I go onto an IVA instead as at my current payment rate it'll take me about 30 years to clear my debts. Can you please advise me:

1. They said it can affect some employment. I'm a nurse and also registered as a social worker (though not employed as this at the moment). Is this likely to be an issue? It's not really a conversation I want to have with my boss.

2. Some of the debts that would be included are joint with my ex husband. We're now on separate DMPs as he wasn't reliable in paying his share of the joint one. I doubt he'll keep up his separate DMP or bother with an IVA so how will this affect me on an IVA if he fails to repay towards joint debts?

Thanks

xxciaraxx

Good Morning all,

I am currently in a Scottish Trust Deed (Protected) and I have been keeping up with my payments over the past 2 years.


My partner has recently visited a Scottish debt company regarding setting up a Debt Arrangement Scheme for him regarding unsecured debts of around £10,000 made up of pay day loans and credit cards. The Company require a £295 set up fee for the Debt Arrangement Scheme and it looks like we won't be able to pay this until the New Year with Xmas etc coming up.


He hasn't made any payments towards his debts since July this year and of course he has been receiving the telephone calls and letters. I'm just wondering if holding off until January would be ok for the DAS or can creditors take him to court for not paying anything in the past 6 months?


We do really want to get on our feet but we won't have the set up fee until early next year.


Many thanks


x

Cakelover2016

Hello, I hope you can give me some advice. My son has debts around 10k and I am quite worried about him. He is 25 and earns 30k pa. He is single and has a healthy social life but I think that is why he is in a lot of debt. He doesn't like to dwell on his debts and goes out to enjoy his life (to stop feeling down about his money situation) but it's making it worse. He is trying to pay his debts at the same time but his situation just doesn't change. Sometimes he gets really upset about his situation but he is young and wants to enjoy himself too. I don't know what to do to help him. I advise him to not spend money on going out so much but he is so used to that life that he feels he can't change it and doesn't want to miss out on anything his friends are doing. Please can you help?

StepChange_Allen

xxciaraxx wrote: »

Good Morning all,

I am currently in a Scottish Trust Deed (Protected) and I have been keeping up with my payments over the past 2 years.


My partner has recently visited a Scottish debt company regarding setting up a Debt Arrangement Scheme for him regarding unsecured debts of around £10,000 made up of pay day loans and credit cards. The Company require a £295 set up fee for the Debt Arrangement Scheme and it looks like we won't be able to pay this until the New Year with Xmas etc coming up.


He hasn't made any payments towards his debts since July this year and of course he has been receiving the telephone calls and letters. I'm just wondering if holding off until January would be ok for the DAS or can creditors take him to court for not paying anything in the past 6 months?


We do really want to get on our feet but we won't have the set up fee until early next year.


Many thanks


x

Hi Ciara

Thanks for your post.

I can understand that you both want to get something sorted as soon as possible. Creditors can look to take further action against someone as soon as the original credit agreement has been broken. I can't be sure whether your partner's creditors will or won't do this though.

Where it's a recommended solution after a financial assessment, we offer and management debt payment programmes (DPPs) through the Debt Arrangement Scheme (DAS) here at StepChange, and don't charge set up fees. If that's of any interest to your partner, then please feel free to contact us - details are here on our website.

I hope this helpful.

Allen