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Paying Off CCJ and Other Debt

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Comments

  • Alcollick wrote: »
    I've arranged payment with them myself following the instructions on here.

    Arranged by yourself or not, it's still a DMP and, as such, all creditors should be treated equally.
  • dumpyboy
    dumpyboy Posts: 379 Forumite
    Bedsit_Bob wrote: »
    Arranged by yourself or not, it's still a DMP and, as such, all creditors should be treated equally.

    Are there rules laid down for them to be treated the same as I had a complant rejected byFOS as one credit threaten court to obtain a higher payment then every one else
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Eighth Anniversary 10,000 Posts Debt-free and Proud!
    edited 8 October 2014 at 8:19AM
    I'm not sure if there's a legally enforceable obligation, to treat all creditors equally.

    However, the Lending Standards Board’s Lending Code states that subscribers:

    “...should then be prepared to accept an offer of repayment which is based on the principle of equitable distribution of available income..”.

    If you pay off (or overpay) one unsecured creditor, to the detriment of one or more others, that won't amount to "equitable distribution of available income".

    Bear in mind, there is nothing to prevent a creditor, who feels hard done by, from taking action against you, such as applying to make you bankrupt, or seeking to put a charge on your property.

    Put simply, I don't think you want to risk p***ing off creditors, especially as you are a home owner.
  • moohound
    moohound Posts: 1,209 Forumite
    Debt-free and Proud!
    Just to be devils advocate, but if a particular creditor(or 2 etc) took a low full and final, then there would be more to distribute to the others per month out of the £200 and they would all be paid off quicker and would all 'benefit'

    Not suggesting it is definitely the was to go, but just another perspective.
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  • The remaining creditors (who, between them, are owed in excess of £40k) would each receive their fair share, of an extra £29 per month.

    I can't imagine them seeing that, as fair compensation, for missing out on a share of £9k.

    Sharing the £9k equitably (ie. based on the size of the debts), would repay each creditor 18% (almost 1/5th) of their outstanding balance.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    What happens if one creditor would accept a reduced f&F offer but the others do?
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