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DMP mutual support thread part 13 !!

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  • sourcrates
    sourcrates Posts: 31,487 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 12 March 2022 at 7:27PM
    Newmum92 said:
    Newmum92 said:
    Suseka97 said:
    Newmum92 said:
    Suseka97 said:
    Newmum92 said:
    Sorry, another question from me! 😬

    What’s the best way to make token payments? I can use my apps to make online payments but I don’t know my login / card details for a couple of my accounts. Am I best writing to them with my holding letters to ask for bank details or do I call them to ask for bank details and then just make the payments. Thanks! 
    You've had great advice so far, but I just wanted to suggest that you don't bother with token payments.  Mostly creditors don't want that because it cost more in admin fees to process those tokens, than their actual value.  Just let them know you'll be in touch in due course (don't specify timeframes) and if they write asking for an update - simply state you are still working things through.  Its likely it'll take a good 6 months before you get a default and the more you try to pacify them, the longer it'll take.

    Debt collection processes are slow and nothing happens quickly!
    Hiya

    Thank you for your advice, it’s much appreciated. I’ve been reading back through the old DMP threads and your name has come up a lot giving some good advice and it sounds like you’ve been through it all too so I appreciate the input. Yes I do think you are right, I mean defaults are going to happen anyway whether it’s now or in 2 years time so I guess delaying the inevitable isn’t in my best interests and doing token payments isn’t exactly going to stop that long term anyway and I’ll just end up with AP markers. 
    Glad to be of help :)

    Yes, I've been part of this forum for quite some time and have certainly gone through all the stages from panic (when I realised we where in a whole world of trouble, financially), shame (not to be able to continue to service my debts), worry (about what might happen when I failed to make my contractual payments), relief (when I realised there was a solution to my financial predicament), control (when I decided to self-manage my DMP and finally the sheer joy of debt freedom.

    Of course I made mistakes along the way - one of which was to jump quickly into a DMP (a part of the shame I was feeling) and realising I hadn't given myself any time to build that necessary emergency fund.  Also, I didn't build any 'extras' into my outgoings and I spent the first 2 years of the DMP feeling quite miserable, even though I was tackling the debt.

    Also, jumping into the DMP before I had achieved any defaults was a BIG mistake and I had to fight tooth and nail with some of my creditors to get backdated defaults.  In some cases I managed to get the defaults backdated to within 3 - 6 months of failing to make my contractual payments, but a couple held out and only backdated the default from the point I started to raise a complaint, which was over 12 months from when the DMP started.

    Anyhoo... the main takeaway is for you to stay in control and don't feel pressured to do anything.  As I have already said, debt collection is a long drawn out process and there are many thousands of people in your position, so take it one step at a time and make sure your DMP works for you!
    Ah thank you, I feel so much more reassured hearing from the likes of yourself who have been through it! 

    I think I am over worrying here, but my largest debt is a £20k loan (ouch) with AA which I believe is bank of Ireland. Does it matter that the debt is so large would that mean they are likely to treat me harsher and go for legal action more quickly, or shall I treat all my debts the same and just go through the motions? Think I’m just having a minor wobble 😬
    You may find that some creditors, when larger sums of money are involved, will try to obtain a CCJ just to secure there position. .
    All that means is you will have a CCJ, but you will still repay the debt via a DMP or whatever option you choose, at an affordable rate.

    County court judgements are nothing to be afraid of, its simply a way of trying to secure payment from you.

    Any "forthwith" judgement can be changed to an instalment plan, just by submitting the correct forms to the court.


    Hi Sourcrates many thanks for your quick reply. Do you know how I could minimise them risk of that or is there not much I can do? I can’t have a CCJ due to my job, if it wasn’t for that I wouldn’t be overly worried but I can’t really have anything that’s on a public register basically! 

    Thanks again 
    Unfortunatly you can never truly predict what a creditor will do, where this particular account is concerned, I would be tempted to treat it differently to the rest, and possibly engage with them at an earlier point, waiting for a default on a 20k loan may not be the best idea.

    It can be quite difficult balancing your priorities, against the priorities of your creditors, if a CCJ is going to be damaging to your work, then you may want to re-think your strategy here and go the conventional DMP route.

    Although if you do that, legal action is unlikely, but can never be ruled out.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Hols2021
    Hols2021 Posts: 69 Forumite
    10 Posts First Anniversary Name Dropper
    Newmum, We are in a similar position we have £18k between two credit cards with the same bank and are worried we get a CCJ, it’s the attending court that’s worrying us. 

    Could anyone tell me if I am to ght in saying that they have to issue you a default notice first  and if you don’t engage with them to set a payment plan up then they would issue you a CCJ? Or can they go straight to a CCJ? 

    I have received a Notice of arrears for one of my credit cards so we are starting to get letters and lots of calls now. 
  • sourcrates
    sourcrates Posts: 31,487 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 13 March 2022 at 2:38PM
    Hols2021 said:
    Newmum, We are in a similar position we have £18k between two credit cards with the same bank and are worried we get a CCJ, it’s the attending court that’s worrying us. 

    Could anyone tell me if I am to ght in saying that they have to issue you a default notice first  and if you don’t engage with them to set a payment plan up then they would issue you a CCJ? Or can they go straight to a CCJ? 

    I have received a Notice of arrears for one of my credit cards so we are starting to get letters and lots of calls now. 
    Let me try to allay that worry, your tending to over think, and over simplify matters here, legal action is actually quite rare, you don`t normally attend court anymore, its an online and postal service these days.

    If a creditor wants to pursue legal action for a consumer credit act debt, you are right in that it must first be defaulted.

    They then have to follow the civil procedure rules, this involves sending a letter before action, which is a questionnaire type document, with a 30 day return window, it`s designed to come to a mutually agreeable solution, thus removing the need to proceed further with the matter.

    If that fails or is ignored, next follows a claim form, no one just gets issued with a CCJ, they put there side to the court, and you do the same, they have to prove you owe the debt etc etc, there is a whole process involved which I won`t go into here.

    Let me reiterate this, 91% of CCA regulated debts that default, just go to debt collection, legal action is normally only taken much further down the line, usually by 3rd party debt buyers, and only then if you fail to engage with them, they are actually easier to deal with than original creditors, and can be much more flexible.

    Original creditors will normally only act against you themselves if you owe a particularly large amount of money, how much is large ?
    Well I`d say if a particular debt was over and above 20k, that may be considered large, that doesn't mean to say they will go down this route, but they could do if they wanted, its never easy to predict how a creditor will react, but normally they just engage debt collectors, nothing more.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Newmum92
    Newmum92 Posts: 108 Forumite
    10 Posts First Anniversary Name Dropper
    Newmum92 said:
    Newmum92 said:
    Suseka97 said:
    Newmum92 said:
    Suseka97 said:
    Newmum92 said:
    Sorry, another question from me! 😬

    What’s the best way to make token payments? I can use my apps to make online payments but I don’t know my login / card details for a couple of my accounts. Am I best writing to them with my holding letters to ask for bank details or do I call them to ask for bank details and then just make the payments. Thanks! 
    You've had great advice so far, but I just wanted to suggest that you don't bother with token payments.  Mostly creditors don't want that because it cost more in admin fees to process those tokens, than their actual value.  Just let them know you'll be in touch in due course (don't specify timeframes) and if they write asking for an update - simply state you are still working things through.  Its likely it'll take a good 6 months before you get a default and the more you try to pacify them, the longer it'll take.

    Debt collection processes are slow and nothing happens quickly!
    Hiya

    Thank you for your advice, it’s much appreciated. I’ve been reading back through the old DMP threads and your name has come up a lot giving some good advice and it sounds like you’ve been through it all too so I appreciate the input. Yes I do think you are right, I mean defaults are going to happen anyway whether it’s now or in 2 years time so I guess delaying the inevitable isn’t in my best interests and doing token payments isn’t exactly going to stop that long term anyway and I’ll just end up with AP markers. 
    Glad to be of help :)

    Yes, I've been part of this forum for quite some time and have certainly gone through all the stages from panic (when I realised we where in a whole world of trouble, financially), shame (not to be able to continue to service my debts), worry (about what might happen when I failed to make my contractual payments), relief (when I realised there was a solution to my financial predicament), control (when I decided to self-manage my DMP and finally the sheer joy of debt freedom.

    Of course I made mistakes along the way - one of which was to jump quickly into a DMP (a part of the shame I was feeling) and realising I hadn't given myself any time to build that necessary emergency fund.  Also, I didn't build any 'extras' into my outgoings and I spent the first 2 years of the DMP feeling quite miserable, even though I was tackling the debt.

    Also, jumping into the DMP before I had achieved any defaults was a BIG mistake and I had to fight tooth and nail with some of my creditors to get backdated defaults.  In some cases I managed to get the defaults backdated to within 3 - 6 months of failing to make my contractual payments, but a couple held out and only backdated the default from the point I started to raise a complaint, which was over 12 months from when the DMP started.

    Anyhoo... the main takeaway is for you to stay in control and don't feel pressured to do anything.  As I have already said, debt collection is a long drawn out process and there are many thousands of people in your position, so take it one step at a time and make sure your DMP works for you!
    Ah thank you, I feel so much more reassured hearing from the likes of yourself who have been through it! 

    I think I am over worrying here, but my largest debt is a £20k loan (ouch) with AA which I believe is bank of Ireland. Does it matter that the debt is so large would that mean they are likely to treat me harsher and go for legal action more quickly, or shall I treat all my debts the same and just go through the motions? Think I’m just having a minor wobble 😬
    You may find that some creditors, when larger sums of money are involved, will try to obtain a CCJ just to secure there position. .
    All that means is you will have a CCJ, but you will still repay the debt via a DMP or whatever option you choose, at an affordable rate.

    County court judgements are nothing to be afraid of, its simply a way of trying to secure payment from you.

    Any "forthwith" judgement can be changed to an instalment plan, just by submitting the correct forms to the court.


    Hi Sourcrates many thanks for your quick reply. Do you know how I could minimise them risk of that or is there not much I can do? I can’t have a CCJ due to my job, if it wasn’t for that I wouldn’t be overly worried but I can’t really have anything that’s on a public register basically! 

    Thanks again 
    Unfortunatly you can never truly predict what a creditor will do, where this particular account is concerned, I would be tempted to treat it differently to the rest, and possibly engage with them at an earlier point, waiting for a default on a 20k loan may not be the best idea.

    It can be quite difficult balancing your priorities, against the priorities of your creditors, if a CCJ is going to be damaging to your work, then you may want to re-think your strategy here and go the conventional DMP route.

    Although if you do that, legal action is unlikely, but can never be ruled out.
    Hi Sourcrates

    Ah ok, I’m glad I asked as yes maybe I need to think carefully about it. I am feeling a bit confused now with all the different advice so am feeling conflicted. I have missed one or two payments so far to Aa Loans but am subject to the government breathing space scheme so they haven’t chased me for it, yet. This ends in 3 weeks.  

    I don’t have much money saved up yet, so was hoping for a few more months. But with this in mind would you say I am best to just get my DMP set up before my breathing space ends, rather than spending a few more months saving for the EF? Or would you say just to treat this one creditor differently and carry on waiting for defaults on the others?

    do you think it would be in my interests to go with Step Change due to this one creditor or would it still be ok self managing? 

    Thanks as always for the advice. 
  • Hols2021
    Hols2021 Posts: 69 Forumite
    10 Posts First Anniversary Name Dropper
    Hols2021 said:
    Newmum, We are in a similar position we have £18k between two credit cards with the same bank and are worried we get a CCJ, it’s the attending court that’s worrying us. 

    Could anyone tell me if I am to ght in saying that they have to issue you a default notice first  and if you don’t engage with them to set a payment plan up then they would issue you a CCJ? Or can they go straight to a CCJ? 

    I have received a Notice of arrears for one of my credit cards so we are starting to get letters and lots of calls now. 
    Let me try to allay that worry, your tending to over think, and over simplify matters here, legal action is actually quite rare, you don`t normally attend court anymore, its an online and postal service these days.

    If a creditor wants to pursue legal action for a consumer credit act debt, you are right in that it must first be defaulted.

    They then have to follow the civil procedure rules, this involves sending a letter before action, which is a questionnaire type document, with a 30 day return window, it`s designed to come to a mutually agreeable solution, thus removing the need to proceed further with the matter.

    If that fails or is ignored, next follows a claim form, no one just gets issued with a CCJ, they put there side to the court, and you do the same, they have to prove you owe the debt etc etc, there is a whole process involved which I won`t go into here.

    Let me reiterate this, 91% of CCA regulated debts that default, just go to debt collection, legal action is normally only taken much further down the line, usually by 3rd party debt buyers, and only then if you fail to engage with them, they are actually easier to deal with than original creditors, and can be much more flexible.

    Original creditors will normally only act against you themselves if you owe a particularly large amount of money, how much is large ?
    Well I`d say if a particular debt was over and above 20k, that may be considered large, that doesn't mean to say they will go down this route, but they could do if they wanted, its never easy to predict how a creditor will react, but normally they just engage debt collectors, nothing more.
    Sourcrates, 

    Thank you so much for your advice this has greatly put our minds at ease as I have been worrying myself sick about it all. 

    So as long as we engage with them and offer to set up a payment plan then hopefully they won’t go down the legal route. 

    Is there a set percentage you have to pay them or can you just make an offer going on your I&E and hope they accept it? We’ve started an EF but just found out over the weekend we have rising damp, everything we’ve saved will now need to go to that and we’ve had to borrow money off family which we’ll now need to pay them back. I would rather try and pay the creditors less at the moment so as we’re not crippled and have no spare cash left over to put towards an EF in case anything else come up. Then when we get on our feet a bit we can pay them more? 
  • sourcrates
    sourcrates Posts: 31,487 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Newmum92 said:
    Newmum92 said:
    Newmum92 said:
    Suseka97 said:
    Newmum92 said:
    Suseka97 said:
    Newmum92 said:
    Sorry, another question from me! 😬

    What’s the best way to make token payments? I can use my apps to make online payments but I don’t know my login / card details for a couple of my accounts. Am I best writing to them with my holding letters to ask for bank details or do I call them to ask for bank details and then just make the payments. Thanks! 
    You've had great advice so far, but I just wanted to suggest that you don't bother with token payments.  Mostly creditors don't want that because it cost more in admin fees to process those tokens, than their actual value.  Just let them know you'll be in touch in due course (don't specify timeframes) and if they write asking for an update - simply state you are still working things through.  Its likely it'll take a good 6 months before you get a default and the more you try to pacify them, the longer it'll take.

    Debt collection processes are slow and nothing happens quickly!
    Hiya

    Thank you for your advice, it’s much appreciated. I’ve been reading back through the old DMP threads and your name has come up a lot giving some good advice and it sounds like you’ve been through it all too so I appreciate the input. Yes I do think you are right, I mean defaults are going to happen anyway whether it’s now or in 2 years time so I guess delaying the inevitable isn’t in my best interests and doing token payments isn’t exactly going to stop that long term anyway and I’ll just end up with AP markers. 
    Glad to be of help :)

    Yes, I've been part of this forum for quite some time and have certainly gone through all the stages from panic (when I realised we where in a whole world of trouble, financially), shame (not to be able to continue to service my debts), worry (about what might happen when I failed to make my contractual payments), relief (when I realised there was a solution to my financial predicament), control (when I decided to self-manage my DMP and finally the sheer joy of debt freedom.

    Of course I made mistakes along the way - one of which was to jump quickly into a DMP (a part of the shame I was feeling) and realising I hadn't given myself any time to build that necessary emergency fund.  Also, I didn't build any 'extras' into my outgoings and I spent the first 2 years of the DMP feeling quite miserable, even though I was tackling the debt.

    Also, jumping into the DMP before I had achieved any defaults was a BIG mistake and I had to fight tooth and nail with some of my creditors to get backdated defaults.  In some cases I managed to get the defaults backdated to within 3 - 6 months of failing to make my contractual payments, but a couple held out and only backdated the default from the point I started to raise a complaint, which was over 12 months from when the DMP started.

    Anyhoo... the main takeaway is for you to stay in control and don't feel pressured to do anything.  As I have already said, debt collection is a long drawn out process and there are many thousands of people in your position, so take it one step at a time and make sure your DMP works for you!
    Ah thank you, I feel so much more reassured hearing from the likes of yourself who have been through it! 

    I think I am over worrying here, but my largest debt is a £20k loan (ouch) with AA which I believe is bank of Ireland. Does it matter that the debt is so large would that mean they are likely to treat me harsher and go for legal action more quickly, or shall I treat all my debts the same and just go through the motions? Think I’m just having a minor wobble 😬
    You may find that some creditors, when larger sums of money are involved, will try to obtain a CCJ just to secure there position. .
    All that means is you will have a CCJ, but you will still repay the debt via a DMP or whatever option you choose, at an affordable rate.

    County court judgements are nothing to be afraid of, its simply a way of trying to secure payment from you.

    Any "forthwith" judgement can be changed to an instalment plan, just by submitting the correct forms to the court.


    Hi Sourcrates many thanks for your quick reply. Do you know how I could minimise them risk of that or is there not much I can do? I can’t have a CCJ due to my job, if it wasn’t for that I wouldn’t be overly worried but I can’t really have anything that’s on a public register basically! 

    Thanks again 
    Unfortunatly you can never truly predict what a creditor will do, where this particular account is concerned, I would be tempted to treat it differently to the rest, and possibly engage with them at an earlier point, waiting for a default on a 20k loan may not be the best idea.

    It can be quite difficult balancing your priorities, against the priorities of your creditors, if a CCJ is going to be damaging to your work, then you may want to re-think your strategy here and go the conventional DMP route.

    Although if you do that, legal action is unlikely, but can never be ruled out.
    Hi Sourcrates

    Ah ok, I’m glad I asked as yes maybe I need to think carefully about it. I am feeling a bit confused now with all the different advice so am feeling conflicted. I have missed one or two payments so far to Aa Loans but am subject to the government breathing space scheme so they haven’t chased me for it, yet. This ends in 3 weeks.  

    I don’t have much money saved up yet, so was hoping for a few more months. But with this in mind would you say I am best to just get my DMP set up before my breathing space ends, rather than spending a few more months saving for the EF? Or would you say just to treat this one creditor differently and carry on waiting for defaults on the others?

    do you think it would be in my interests to go with Step Change due to this one creditor or would it still be ok self managing? 

    Thanks as always for the advice. 
    I would choose a strategy and stick with it, unless circumstances dictate otherwise.

    Legal action, much like debt collection, has a process to it, it doesn't happen overnight, creditors must follow the civil procedure rules, this involves sending a letter before action (LBA) this is a questionnaire type document, with a 30 day return window, this is designed so you and your creditor can come to an agreement without the need to proceed further.

    So the majority of court claims can be stayed at that point, you will get months of warnings of impending legal action, so plenty of time to make other arrangements.

    Everyone has different circumstances you see, debt advice is normally tailored to the individual, but things like owing one creditor a large amount of money, and you having an asset such as a house, can be a problem, don`t get me wrong, most DMP`s run very smoothly, no matter how much you owe, but you must just be prepared for that one awkward creditor, hopefully they will be fine with you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sourcrates
    sourcrates Posts: 31,487 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hols2021 said:
    Hols2021 said:
    Newmum, We are in a similar position we have £18k between two credit cards with the same bank and are worried we get a CCJ, it’s the attending court that’s worrying us. 

    Could anyone tell me if I am to ght in saying that they have to issue you a default notice first  and if you don’t engage with them to set a payment plan up then they would issue you a CCJ? Or can they go straight to a CCJ? 

    I have received a Notice of arrears for one of my credit cards so we are starting to get letters and lots of calls now. 
    Let me try to allay that worry, your tending to over think, and over simplify matters here, legal action is actually quite rare, you don`t normally attend court anymore, its an online and postal service these days.

    If a creditor wants to pursue legal action for a consumer credit act debt, you are right in that it must first be defaulted.

    They then have to follow the civil procedure rules, this involves sending a letter before action, which is a questionnaire type document, with a 30 day return window, it`s designed to come to a mutually agreeable solution, thus removing the need to proceed further with the matter.

    If that fails or is ignored, next follows a claim form, no one just gets issued with a CCJ, they put there side to the court, and you do the same, they have to prove you owe the debt etc etc, there is a whole process involved which I won`t go into here.

    Let me reiterate this, 91% of CCA regulated debts that default, just go to debt collection, legal action is normally only taken much further down the line, usually by 3rd party debt buyers, and only then if you fail to engage with them, they are actually easier to deal with than original creditors, and can be much more flexible.

    Original creditors will normally only act against you themselves if you owe a particularly large amount of money, how much is large ?
    Well I`d say if a particular debt was over and above 20k, that may be considered large, that doesn't mean to say they will go down this route, but they could do if they wanted, its never easy to predict how a creditor will react, but normally they just engage debt collectors, nothing more.
    Sourcrates, 

    Thank you so much for your advice this has greatly put our minds at ease as I have been worrying myself sick about it all. 

    So as long as we engage with them and offer to set up a payment plan then hopefully they won’t go down the legal route. 

    Is there a set percentage you have to pay them or can you just make an offer going on your I&E and hope they accept it? We’ve started an EF but just found out over the weekend we have rising damp, everything we’ve saved will now need to go to that and we’ve had to borrow money off family which we’ll now need to pay them back. I would rather try and pay the creditors less at the moment so as we’re not crippled and have no spare cash left over to put towards an EF in case anything else come up. Then when we get on our feet a bit we can pay them more? 
    You work out a budget that allows you to live, whatever disposable income is left, you use for debt repayments.

    Its not a question of hoping they will accept, you pay them regardless of what they may say, if they don`t like it, they just will sell the debt on.

    Remember, even debts subject to legal action are still paid at whatever rate your budget says you can afford, so they will be no better off taking legal action will they.

    Don`t be afraid of them, or think you must comply with whatever they say, you don`t, you sail your own ship.

    Good luck.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Hols2021
    Hols2021 Posts: 69 Forumite
    10 Posts First Anniversary Name Dropper
    Hols2021 said:
    Hols2021 said:
    Newmum, We are in a similar position we have £18k between two credit cards with the same bank and are worried we get a CCJ, it’s the attending court that’s worrying us. 

    Could anyone tell me if I am to ght in saying that they have to issue you a default notice first  and if you don’t engage with them to set a payment plan up then they would issue you a CCJ? Or can they go straight to a CCJ? 

    I have received a Notice of arrears for one of my credit cards so we are starting to get letters and lots of calls now. 
    Let me try to allay that worry, your tending to over think, and over simplify matters here, legal action is actually quite rare, you don`t normally attend court anymore, its an online and postal service these days.

    If a creditor wants to pursue legal action for a consumer credit act debt, you are right in that it must first be defaulted.

    They then have to follow the civil procedure rules, this involves sending a letter before action, which is a questionnaire type document, with a 30 day return window, it`s designed to come to a mutually agreeable solution, thus removing the need to proceed further with the matter.

    If that fails or is ignored, next follows a claim form, no one just gets issued with a CCJ, they put there side to the court, and you do the same, they have to prove you owe the debt etc etc, there is a whole process involved which I won`t go into here.

    Let me reiterate this, 91% of CCA regulated debts that default, just go to debt collection, legal action is normally only taken much further down the line, usually by 3rd party debt buyers, and only then if you fail to engage with them, they are actually easier to deal with than original creditors, and can be much more flexible.

    Original creditors will normally only act against you themselves if you owe a particularly large amount of money, how much is large ?
    Well I`d say if a particular debt was over and above 20k, that may be considered large, that doesn't mean to say they will go down this route, but they could do if they wanted, its never easy to predict how a creditor will react, but normally they just engage debt collectors, nothing more.
    Sourcrates, 

    Thank you so much for your advice this has greatly put our minds at ease as I have been worrying myself sick about it all. 

    So as long as we engage with them and offer to set up a payment plan then hopefully they won’t go down the legal route. 

    Is there a set percentage you have to pay them or can you just make an offer going on your I&E and hope they accept it? We’ve started an EF but just found out over the weekend we have rising damp, everything we’ve saved will now need to go to that and we’ve had to borrow money off family which we’ll now need to pay them back. I would rather try and pay the creditors less at the moment so as we’re not crippled and have no spare cash left over to put towards an EF in case anything else come up. Then when we get on our feet a bit we can pay them more? 
    You work out a budget that allows you to live, whatever disposable income is left, you use for debt repayments.

    Its not a question of hoping they will accept, you pay them regardless of what they may say, if they don`t like it, they just will sell the debt on.

    Remember, even debts subject to legal action are still paid at whatever rate your budget says you can afford, so they will be no better off taking legal action will they.

    Don`t be afraid of them, or think you must comply with whatever they say, you don`t, you sail your own ship.

    Good luck.

    Thank you again Sourcrates for your advice.

    I wonder if you could answer something else sorry but i know the Law in Scotland is different to England but last night i saw a post on here from October from someone that said they had a loan with the Credit Union and my husband has one of these, the person said they issued an Inhabition order on them? we are now worried sick. I think this prevents you from selling your house or remortgaging which we wouldn't be doing anyway but i am now worried if this stops us from renewing our mortgage when the fixed rate runs out. I don't know whether we should call thm and try to arrange a plan with them but it's doubtful they would agree.

    Sorry for all the questions but we'd rather not go through SC or CAB as there is a card with our Mortgage company we don't want to put in as we can clear it off soon plus we'll have no chance to get and EF together so we'll be left with no safety net.
  • sourcrates
    sourcrates Posts: 31,487 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    I see you have also posted this on the Stepchange advisors thread, hopefully they will be able to answer this for you, otherwise try National Debtline Scotland.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Newmum92
    Newmum92 Posts: 108 Forumite
    10 Posts First Anniversary Name Dropper
    edited 18 March 2022 at 6:16PM
    Finally sent my token payment offer letters to all my creditors today! Feeling nervous but also a sense of control which is a relief. 

    How long would you say is normal for them to take to respond? Not that I’m impatient or anything! 😂

    Also, I sent my letters in pdf format via email using the email addresses on the ceo email website. Will that be ok or do I need to send it by post as well do you think? 

    Edited just to add another question sorry- should I make the token payments to those I can at the moment through credit card apps etc, or shall I wait for them to reply to my letter first? 

    Thank you. 
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