DMP - Can I still get a CCJ???

mrsmather1

I have been on a DMP with Payplan since April this year and I thought things had begun to settle down. Yesterday however I recieved a letter from Moorcroft stating that I need to clear the debt before legal proceedings are taken. I phoned and explained that I have been on a DMP since April etc but they didn't want to know.

The only thing the man I spoke to said was 'so how much are you going to pay now?' when I said that I wasn't paying anything as I was on a DMP he said 'so why have you bothered to call?'. I was furious and so upset.

Now I am out of my mind with worry that this is going to Court. I am 6 months pregnant and my Hubby and I have been trying to get ourselves sorted before the baby arrives.

Can anyone give any experiences or advice?

Thanks

Mrs Mather

massey_2

Hi we are with moorcroft and and if you are on a DMP they should not be sending you these letters they should go straight to payplan I would ring them up again and ask them if you can send them a list of your outgoings and expenditure and if you have any other debts you pay to send them that as well this is a letter to scare you How much are you paying them on the plan they probably want you to give a bit more each month don't worry let us know how you get on

good luck x

MrsTom

I am with Payplan as well, Moorcroft didn't accept my pay offer and as a result I am making additional payments on top of my offer in order to reach an amount that they deemed aceptable. I pay them an extra £5 per month.

One thing though to remember though is that with the DMP with Payplan all the arrangements are informal and can change at any time. Halifax have just decided that they are no longer going to give me any help and have reinstated full interest on my account despite Payplans intervention.

Good Luck and try not to worry.

fermi

Moorcroft could go for a CCJ if they wanted to, although it would a mostly futile gesture on their part. It is very very likely to be a bluff to scare you and is a typical tactic used by Moorcroft and other DCA's, despite you being in a DMP.

Payplan themselves have this to say:

http://www.payplan.com/frequently-asked-questions/debt-management-plans.php#Ccj

Can my creditors still issue me with a County Court Judgement?

As a DMP isn't legally binding creditors could still take action against you. As Payplan have many years experience and have a great relationship with the creditors this is less likely to happen. However Payplan would continue to support you if any of your creditors applied to the court for a CCJ. Even if a creditor applied to the court for a CCJ the payment should remain similar to what you are paying through Payplan.

Payplan have plenty of experience with DCA's playing these silly games, so it's best to get some advice on this directly from them if you can.