Help Needed re Redetermination Notice!

rayday2

I can see how much you want to sort this out, me personally easy to say when not in the situation would fill all the paperwork out etc just re-offering what you currently do on the DMP. See if the judge decides in your favour which with the backing of Payplan paperwork there is a good chance he will then they can't ask you for more. So you get the peace of mind that means you keep your house. Even if its a charge it only means they get a piece when it comes to selling.

Honestly try again with Payplan if you get nowhere see what the national debthelpline say, like I said before they were happy to speak to me and I had never dealt with them before.

snappy_badger

Hi Desperate Measures,

I can totally sympathise with your situation and I know how worrying the court process is but I don't think you will lose the house at this stage.

It would help if you could explain what has happened with this creditor so far. Is it simply that you've told them you can't afford the repayments and are going on a DMP and they've refused to accept the reduced amount and therefore started court proceedings?

If you've shown willing to repay the debt by entering into a DMP and by continuing to make regular repayments to the creditor then I can't imagine that the judge would make you go for bankruptcy.

But if you offer one creditor proportionally more money than the others then you will put the whole DMP at risk as they will all want to know what other funds you have available to pay them off.

Just show the judge what you can afford (copy of budget, available money for creditors and how that is being distributed evenly between all creditors) and I'm pretty sure he'll award that you can continue to make these contributions. This is what happened in my case and the amounts we are talking about are very similar (£23k debt, £38 p/m under the DMP).

If after a set period you are still unable to repay the full debt then the judge will probably allow the creditor to apply for a charging order. But even this doesn't mean you will lose the house. No-one (courts included) want to force people to sell their houses - it's surely a last resort and only in a situation where there is no other way to pay the debts.

I would wait until (if) it gets to this stage - where the court is going to force to sell unless you repay before you offer to pay off the debt with money from your parents. But I'm pretty sure this won't be at this early stage.