What to expect?

Stress_Head_6

We are on a DMP with the CCCS and am currently trying to get my bank charges refunded. Because of this, Aliiance and Leicester have decided that they are not happy with the amount they are receiving on the DMP.

My partner has a court hearing on Thursday as they wanted nearly £500 a month (Over double the original agreement PRE-DMP).

Having never been in a court room before IN MY LIFE and only having sensational TV dramas for knowledge I would like to ask you what I should expect?

How long will it last? Will someone ask us what we can afford and try to set the amount? What will happen?

I am scared to death by all this and could really do with some advice to prepare (even though its my partner going, who isn't as worried or flakey as me!)

Thanks

xx

saffronflowers

What are they taking you to court for?

To be honest I think that the solicitor will try and settle out of court and then get it rubber stamped.

Any judge worth its salt will look at the payments you are making to other creditors and should see that it is disproportionate, and could well lower the amount quite significantly.

SFx

Stress_Head_6

Thanks

My partner says what they are asking for is a joke and he will fight it all the way! I am not even sure what they are taking us to court for.. I think it is because we had to lower the amount on our DMP and they didnt like it. My partner is self employed so it is impossible to tell his earnings/profit right now.

But £500... when the original agreement was only £177 a month? BEFORE we contacted the CCCS for help with our debts. They obviously want it paid back quicker IMHO as £7000 is owed and it is our biggest debt, so I will be quite relieved if the court DO set the amount to an affordable rate. I am not too worried about the CCJ as one thing this has taught me is to NEVER get credit again!

I am just not sure what to expect and how to prepare my partner for their no-doubt silky tongued pet solicitor!

xx

saffronflowers

Dont worry about their sily tounged solicitor I suspect that he will get short shrift for even taking this to court - No creditor can ask for a disproportionate amount of money, cant remain the legal wording but it something along the lines of favouring one creditor over another and this is not allowed

SFx

Stress_Head_6

Thank you again

What documentation should he bring? He is self employed, so his wages are not really 'his' if you know what I mean (expenses etc). Last years accounts are knowingly different from this years too...

We havent missed a payment with the CCCS and A&L have been accepting payments from us too.

Argh.. Its all so over my head!!

xx

saffronflowers

Right you need to take all the paperwork from CCCS - showing what you are paying to each of your creditors, that has been worked out on the income, take a copy of his last tax bill, clearly state if earning this year will be greater or less. The judge will know that is the case with self employed.

Why are you paying them more than what has been ageed in the DMP?

Sfx

Stress_Head_6

Im not.. I have managed not to cave into their bullying! But as circumstances changed, I informed the CCCS who then redone the budget at a rate they were happy with (all creditors are getting above the minimum allowed per month). I personally think that this is A&L way of getting their own back for the bank charges we are claiming (haven't got yet - at court stage now).

Sorry (just read my post back) the A&L have been accepting the payments made through the CCCS.... whist bullying us for more money for the unsecured loan and offering us a secured loan too! lol.. I *really* dont think I am going to do that...

xx