Court letters while on a DMP!!!

stevo2_2

Hi there,

I have been on a DMP since June 2007.

The problem I have now is that A&L have written to me to say that the arrears were so bad that they have written to their solicitors to file a court case against me to get a charge or a ccj on my property.

I wrote them a letter back explaining to them that I could not afford any more and explained to them that it was a resonable offer. I also told them that all the other creditors have accepted my reduced offer of repayments. I also explained to them that they have a code of practice which included a certain amount of sympaty.

1 week later I received a letter explaining to me that they will accept my reduced payments over a 6 month period.

I am not too sure what they will do after the 6 month period, will they still take me to court or will they let it roll over anoother 6 months??

Please give me some sound advice!!

Stevo2

intranix

If they accept the payments for a 6 month period, and then took you to court, I cant see a court ruling in their favour over a continuence of those payments

stevo2_2

Thanx for your reply,

But can they still put a charge on my property?? My property is my only future and my partner put all of the deposit in which really isn't fair on her.

hitback

Careful here. We are on a DMP and included an overdraft with NAt West who accepted our payments for a year, then out of the blue their solicitors rang us threatening with a charging order. Meanwhile we increased our DMP and then NW sent court papers and we now have a CCJ, with NW accepting the increased payment through a DMP, so can't really see why they needed to issue a CCJ. Even if a creditor accepts payments they can still take you to court as we found out. You're best option is to speak to your DMP provider for further advice on this.

stevo2_2

I am with Payplan and they told me to get in touch with them as soon as I had any bad letters to come through the post which I did.

I know it is an informal agrement and they can take you to court at any time but if they did surely the judge would rule in my favour as I have been making monthly payments for well over a year to that company.

Did they issue you with a charging order??

hitback

No we didn't get a charging order, but NW had been accepting our payments for over a year, and even accepted the increased payment before they issued the CCJ so it seems that even if they accept the payment it does not necessarily prevent court action, at least not in our case anyway. The good thing is, that NW have shot themselves in the foot, as when we next increase our DMP we do not have to increase their payment as the CCJ is legally binding on both parts, so there is an upside....kind of

stevo2_2

What a bunch of idiots, I don't think any of these creditors try to help them selves out.
I did not have a overdraft included in my DMP as I was not overdrawn, I cleared that with the reclaim of my bank charges, I got in there just in time before the court case for bank charges. A&L is a loan, the letter they also sent me explains that if they have to write to me again it will cost ME £25 a letter!

Do the creditors in a DMP expect a larger payment every so often then??

I have £42,000 worth of debt and currently pay £350 a month to them through Payplan and can't really afford anything else on top (not for the moment anyway) it will take me 11 years to pay it off but I am comitted to paying off my debts.

hitback

Not sure about whether they expect a larger payment every so often, we increased our DMP after a review with CCCS and found we were able to cinrease our DMP payment by £258 per month. But this still does not stop the phone calls or letters. I think it's just creditors way of letting you know they still want their slice!!! And yes NW are a bunch of idiots and that's being extremely polite!!!! Fighting them vis a complaint lodged with the FO though so watch this space!!!

stevo2_2

Wow, £258 a month extra thats not bad going!!
Whae I explained to Payplan about the letter they have been very good, although the last e-mail i received from them was a guy asking wheather I considered a IVA!! Payplan were the ones who helped me set up the DMP so I was confused. I don't want a IVA as I am commited to a DMP.

I have not received any letters from any of my other creditors since being on the DMP although A&L send the odd letter explaining the situation about my arrears. Is there any cases of people sitting down and getting on with life as normal while paying a DMP without any creditors hassling them or wiull I get this badgering for 10 bloody years??!!!

hitback

I think there is a letter somewhere which you can send to creditors to ask them to stop hassling, someone has posted a copy on this forum before and maybe along shortly. Keep on with your DMP at the end of the day your debt is going in the right direction, no matter how long it takes, and you may find it's less than 10 years,! Just keep chipping away, you will get there!!!

stevo2_2

Thanx for all your answers but just one more question, whan I took up the DMP I had to fill in a budget sheet, I was only told to include my wages without overtime. Since the DMP I have done loads of overtime and earn well over the amount of which I did tell my creditors and have even set up a little savings account to put money towards car breaking down, xmas, birthdays etc, I was just wondering, if any of my creditors took me to court and the judge sees that i have a saving scheme going on could they take that into consideration and make me pay my overtime towards the DMP?? Also with my saving scheme I am saving a wedge to pay off some of the DMP but to I pay thet into Payplan to be spread around the creditors or offer some by a cheque to each of the creditors??

Thanks ever so much!!!