DMP Mutual Support Thread (Part Three)

timetobefree

Reading all the posts on here have got me worried, especially all the talk of charges been made against houses. is this usual procedure? i thought it was only if you didn't keep up agreed payments of your DMP but this doesn't seem the case with some people.

Also i keep getting phone calls from my creditors saying they haven't heard from CCCS but when i speak to CCCS they say information was sent in January. Should i ask them to send it again or is it a case of being lost in Creditors systems?

I never sent the DMP letters but informed people by phone could this be the reason?

telboy99

Hi Geoffmr1,
I know exactly how you feel. HFC are not a nice bank to deal with.They seem out to punish every unfortunate debtor in spite of your good efforts to pay them a reasonable monthly payment based on what you can afford.
I had a CCJ from them last year.They added huge "collection charges"(over £1500.00).If they try it on you should CHALLENGE them in your defence.They withdrew the charges after i sent a recorded delivery letter to them and their solicitors as they could not substantiate the charges.
They will go for a charging order and the judge told me he will grant it if they ask for it.However if you do not default on the agreed monthly payment they will be happy as they know they have the debt secured when your house is eventually sold.
Good luck

geoffmr1 wrote: »

I've requested a true copy of the original CCA which still has a few days to go before they default on that.

geoffmr1 wrote: »

In the meantime I am acknowledging service & I'm saying I will be defending the claim (I'm only saying this at the moment to buy myself an extra 14 days), I can still admit the debt at any point during that time & will do so if they provide a proper CCA. However if they still have that CCA then they will definately get the CCJ against me, which is all leading to that Charge on the house they desperately want. Of course I will do all I can to stop any charge being put on the house but I have been told by CCCS & the national debtline that the judges pretty much always give the creditors it nowdays.

What really gets me is that an unsecured debt can be secured on your home. I got that credit card through HFC 14 years ago & always run my account perfectly until I hit hard times. My credit limit started at just £500 & by the end it was over £10000 so that shows I run it properly for so long. All that is irrelevant to these companies & judges though!! It makes you sick

TeetersOnHeels

Timetobefree...
The exact same thought has been crossing my mind today! Have seen a few posts where charging orders seem to be rearing their ugly heads! I think it depends on the creditor as to what action they decide to take over your dmp. My main worry is if they try to force a sale. But, as people have said, this is something to worry about as/when it happens - easy to say when you've been lying awake at 2am!!
I've just started the ball rolling with CCCS & hope for a start date of 1st April - I'll be a complete nervous wreck by then!

ANY_CHANCE

Halifax have now put interest charges back on, these are 264.85 p/m do they want us to go bankrupt so that they get nothing?
Swines:mad:

debtman2007

Got my first review tomorrow with CCCS. I really cant afford anymore but all but two of my creditors have accepted my DMP so far. I hope they understand i can not pay anymore its been a push as it is.I phoned them earlier and they said the are really busy as its getting close to end of financial year and the creditors are getting restless....that doesnt sound like good news for us.

rayday2

TeetersOnHeels wrote: »

Timetobefree...
My main worry is if they try to force a sale. But, as people have said, this is something to worry about as/when it happens - easy to say when you've been lying awake at 2am!!
I've just started the ball rolling with CCCS & hope for a start date of 1st April - I'll be a complete nervous wreck by then!

Even if you are unlucky enough to get a charging order (and remember before that you need to get a CCJ - which the courts will usually just enforce the CCCS offer of payment) they can't make you sell the house. A charging order just means that if you sell your house they get the piece of the pie.

Also try to remember that there are lots of us sitting quiet with DMPs running smoothly but obviously we don't post as much as those who are having problems, eg CCJ's or charging orders - hence you are hearing about them more.

Not sure if I have put anyones mind at rest there like!

nomoneynomoney

Being on a DMP doesn't encourage creditors to go for CCJ or charging orders. These companies would have taken this action regardless. What makes them go down this route - who knows. It's probably company policy.
Please don't think it's because your on a DMP - most companies will accept the payments you make and won't take it any further.

geoffmr1

timetobefree wrote: »

Reading all the posts on here have got me worried, especially all the talk of charges been made against houses. is this usual procedure? i thought it was only if you didn't keep up agreed payments of your DMP but this doesn't seem the case with some people.

Also i keep getting phone calls from my creditors saying they haven't heard from CCCS but when i speak to CCCS they say information was sent in January. Should i ask them to send it again or is it a case of being lost in Creditors systems?

I never sent the DMP letters but informed people by phone could this be the reason?

I had similar problems with creditors saying they hadn't heard from CCCS but I knew fully well they had. Just make sure that if the DMP hasn't yet been completely set up that you continue to make a token payment to each creditor with a letter updating your circumstances. If you have your CCCS reference number then pass that on to them as that should get them off your back in most cases.

As for the charging order it's only one creditor thats being really harsh. Nationwide & HSBC have refused to accept the token payment & I'm waiting for them to send that over to a DCA who are generally easier to work with, but all the rest of our creditors including the largest one Goldfish credit card have been fine.

geoffmr1

rayday2 wrote: »

Even if you are unlucky enough to get a charging order (and remember before that you need to get a CCJ - which the courts will usually just enforce the CCCS offer of payment) they can't make you sell the house. A charging order just means that if you sell your house they get the piece of the pie.

Also try to remember that there are lots of us sitting quiet with DMPs running smoothly but obviously we don't post as much as those who are having problems, eg CCJ's or charging orders - hence you are hearing about them more.

Not sure if I have put anyones mind at rest there like!

I agree with most of what you've said, however like in my situation if a creditor wants a charging order they will just refuse the offer of payment & ask for the full amount which I've been advised by citizens advice, national debtline & cccs they will be awarded. As you can't pay it they will then go for the charging order which again in a majority of cases they get.

From what I know know its best to agree to the voluntary charge on your house if they provide in writing that they will 1) Stop all interest, 2) Not go for an order of sale & 3) That they'll accept your token payment for the term of the charge. If they won't do that then let it go to court.

My main issue with the charge is that it affects a re-mortgage even if you're not asking for extra money. If you have an opportunity to switch mortgage lenders for a better rate then I have been advised by a couple of legal people you have to pay off the charge which again increases your mortgage.

I don't see how that can be classed as fair to other creditors.

nomoneynomoney

geoffmr1 wrote: »

I agree with most of what you've said, however like in my situation if a creditor wants a charging order they will just refuse the offer of payment & ask for the full amount which I've been advised by citizens advice, national debtline & cccs they will be awarded. As you can't pay it they will then go for the charging order which again in a majority of cases they get.

This happened to me. I offered the installments and the creditor refused the offer so were given a forthwith judgement.I think I asked for it to be varied which was accepted and I was given an instalment order. The creditor asked for it to be redertirmined (I think that's the way it went) because they wanted a forthwith judgement and a charge. This was at a hearing - the judge told the creditor NO and the installment order should continue. It was very important that I showed the other creditors did not have a charge and that my reduced payments were all up to date and that I had loads of debt and was trying to sort myself out. They are not allowed to re appeal.
I previously had a charge on the property that I agreed to - because I didn't have a clue about about these things but I would never agree again.
I know they may get it anyhow so only you can decide which way to go.