Received a CCJ while on a DMP

igotafine

Hey all,

I'm on a debt management plan and I have around 7 companies I owe money to. All of them have agreed the payments my DMP suggested. I had some trouble with Admiral loans, as they called me everyday after enquiring about starting a DMP. The people that called me where always very rude and kept insisting I don't need a DMP and to just talk to Admiral and give them a list of my incoming and outgoing money and they'll work out a monthly payment for me. Which doesn't make sense as it sounded like they wanted me to pay them most and give the other lenders as little as possible and this just sounded really dodgy and wrong to me.

My DMP said to not go through my finances with them and they'll sort it. Admiral kept rejecting their offer and I received court letters from Admiral, which I ignored as I was hoping my DMP would sort the issue, which they eventually did and everyone, including Admiral, agreed to the payments and it was all going well. I make my payments every month and I've not missed one payment and always pay in full.

I checked my credit rating the other day, to find I have an open CCJ against me that Admiral started. I feel like Admiral really don't care about you and your situation. All the other banks had empathy, I called them all to explain my situation and they were all so nice. Barclays, HSBC, AA, all said it wasn't a problem and they'll stop my account and gave me general good advice and also recommended the DMP and said it was a good idea. Apart from Admiral, who told me not to speak to a DMP and threatened me with court letters. It's so frustrating how they are the only ones causing a problem and how they agreed to the DMP but still opened a CCJ? Is this even allowed? Is there anything I can do to get the CCJ removed?

Thanks in advance.

sourcrates

Hi,


Unfortunately a debt management plan is an informal arrangement between you and your creditors, and you do not have legal protection from your creditors in a DMP, unlike with a regulated solution such as IVA or DRO.


When court papers were received, you should not of ignored them, as strict time limits apply, and you are the only one who can respond to the claim, as you did not do that, you received a judgement in default.


Creditors are free to take legal action against you at any point once you have defaulted on your original agreement, although most will accept a DMP once set up, they are still free to pursue legal action to secure their position.


You have no options now but to pay the debt via your DMP, if you continue payments this way, further enforcement action can be avoided.

jimbo26

In addition your credit history is screwed with 7 defaults, a single CCJ won't make a huge difference in the scheme of things.

PixelPound

You don't say who the DMP was through - they are not all equal. Some are free and some charge, it is amazing how many people find out after being on a DMP for a few years that a large portion of what they were paying each month was creamed off as a management fee and their debts have not gone down a great deal.

As sourcrates stated, it is a voluntary agreement and not the same as an IVA, so Admiral were within their rights to reject it. You shouldn't have ignored court papers (hope that wasn't advice from the company you had the DMP through)

igotafine

Hey, sorry for the delay in getting back. Thanks for your advice, it's all noted and I have contacted the solicitors for a copy of the CCJ, as I never received anything.

igotafine

Thanks Jimbo, it's not actually as low as I was expecting and the CCJ has made it quite a bit lower.

igotafine

Hey Nic, mine is through PayPlan and they advise that it's 100% free, as they receive funding from creditors.
And yes it was their advice to ignore it haha, I should of come here first!