DMP Mutual Support Thread (Part Three)

Dougy_The_Debt_Counsellor

Hi, I can hopefully give you a little bit of useful information in relation to chargin orders and CCJ's.

If they are definately pursuing you through the county court, you will have to wait for the County Court Claims Forms to be sent to you (these forms have N1 written on the top corner and are usually sky blue). The time all depends on your creditor.

Once you have received them, you have 14 day to complete them and post then back. All you are really doing is showing the court and your creditor what your current financial situation is like, by showing your income and expenditure. The best part about these forms is that you get a chance to make a reasonable offer of what you think you can afford.

A charging order can only be applied for if you have got a County Court Judgement. So your creditor may apply for the charging order soon after your judgement. However it is not guaranteed to be approved by the court.

You do have the right to defend a charging order and National Debt Line could probably help you with this, but the general grounds for defence are that a charging order for one creditor would put that creditor in a more favourable position than your other creditors, so a judge may not allow it, especially since you are actively trying to sort out your financial problems on a DMP.

Even if the charging order is granted, it's not much to worry about really, as the charging order usually sits there until either 1. You pay the debt (through CCJ or DMP) or 2. You sell the property and cleat the charge with your equity (money from the sale). So even if you do get a charge against you, don't worry as it doesn't really affect you upfront anyway. Hope This Helps....:rotfl:

theboysmithy

This is my first posting on the forum, reading though it's comforting to hear that there are people who understand what I'm going through
:beer:

facingit

Thanks that has made me feel a bit better I had visions of being made homeless. I have sent the forms back (the n9a) and included my budget planner with all my other debts on and what it worked out i could pay to this debt, although i dont think eversheds will accept this I wonder if the courts can or will. Thanks.

Dougy_The_Debt_Counsellor

Don't worry about Eversheds, as long as you fill in the forms correctly and show your current circumstances and make a fair offer you shouldn't have too much of a problem.

The main problems occur when people either ignore the forms or miss the 14 day deadline. So you have done the right thing.

Even if Eversheds did try to be awkward by asking you to pay a stupid amount then you can get a form from the courts called an 'N245 form.

This is called a redetermination (in english - it means the court will review your situation if you think the terms are unreasonable) Anyone can walk into the court and pick up these forms, or print them off from the HMRCS website.

Hopefully though you wont need them. If you have any further problems then post again or mail me direct and I will try and help you. :rotfl:

facingit

Thanks, I will try not to worry (easier said than done) I have only been able to offer £30 a month on a debt of £8800 so it is very low.

rayday2

We pay £10.50 on a debt of £7950 its all relative to what you can afford.

rayday2

theboysmithy wrote: »

This is my first posting on the forum, reading though it's comforting to hear that there are people who understand what I'm going through
:beer:

Hello!

I assume you are on a DMP - the size of this thread shows how many people are going for it and I assume for everyone that has wanted to join there must be countless others that just read it - quite scarey in some ways and yet comforting in others.

mumzyof2

I got my letter from cccs this am with how much will go to each creditor. It said 1st payment month was april but on the phone they told me may so i had to ring them and yes its may, as im on holiday for 2 weeks in april and not changed banks. I got my new bank card this morning. But my child tax didnt get paid into my account today so im waiting on them paying me..then week after i will ring them and tell them my new account number along with income support etc and all my DD's. So that when im on holiday i wont go without tax credits..as i know they stoppayment for a bit while they change bank account over

carlos700

I am due to start paying my first payment to CCCS in april it was going to be march but i asked to put it back until April on the phone they offered me 2 direct debit dates one for the 1st or the 10th of every month .The 10th is better for me so my first payment will be 10th April ,i have just looked at my account online and it says the first payment date 1st April i am really worried as i am not going to have enough money in my bank on the 1st .I am hoping it is a mistake has anyone else had come across this .

gonna_be

loopylu36 wrote: »

Hi gonna be (me too by the way! )

Thank you for your post, it has helped me make my decision. I couldn't decide between CCCS or going it alone, as I thought it might give me more felixibility. We owe £120,000 (ish) :eek: - and i was really worried that someone might try to bankrupt me. But i have decided that i cannot worry about these things until (IF) they happen. So we will be paying £1500 to CCS which is quite a big payment which seems to make a difference in how creditors deal with your DMP I think.

Anyway keep posting and telling us how you are getting on.

Thanks also Carlos for your posts and Rayday (I think the self administered route might stress me out too much - i deal wth idiots all day at work and don't think i could come home to deal with another lot! - but thanks a million for all your advice )

Hi loppyloo36thanks for the comments I am so glad i am of help. and i fully agree with you re no good worrying about things until (IF) they happen. and to be honest does the worrying make it go away? no ! it just makes you more misserable/badtempered (iam speaking from experience here) so i am with you I don't worry about what might happen. as you know I have just made my 1st payment to CCCS and i highly recommend anyone with money problems to contact national debt line. I did try to go it alone at first and sent letters to all of my creditors with soa and offering 50% of original payments out of the 12 -5 didn't even reply just sent bog standard arrears letters (these are the same ones that continue to phone )-4 said a definate no-3 acceptedthats when i rang debt lineI am so glad the four that said no are now getting much much lower payments via cccs( pro-rata ajustment) than i offered (serves em right they just have to wait longer for there money )anyway good luck your doing the right thing by sorting your debts which ever road you take.