CCA Request – advice needed

fermi

laccal wrote: »

again i thought that they can apply for a CCJ and ask for the money to be repaid forthwith AND NOT in installments. Then they can apply for the Charging order

They can apply for what they like, but it doesn't mean they will get it. Especially if you deal with the court properly.

fermi

And even if by some fluke or miscommunication they get a "forthwith' judgement, then you have 14 days to apply to the court for a 'redetermination' so that you can provide the court with you budget from PayPlan and get the order varied to instalments.

If you want to know about the process then you might like to read:

Link: Factsheet | Replying to a county court claim form

Link: Factsheet | Charging orders in the county court

Or talk to PayPlan about it. They will put your mind at rest.

Leixlip1

I had a similar problem with Amex - they got a forthwith order and wanted a charging order as well. I applied for redetermination and an order was granted based on the (pro-rata) payments I had been making to them for several months. No charging order was granted and I have heard nothing from Amex since - obviously I havent defaulted on the court order, if I did I'm sure things may change.
I know it's easier said than done but try not to panic.

Lexis200

Hi all

Sorry if this sounds a bit dense, but I thought that with unsecured loans such as credit cards they couldn't put a charge on your home? I thought this was just one of their scare tactics...

I may well be completely wrong, but I've just been trawling through a ton of DFW posts and I'm sure I saw this somewhere - perhaps one of the more knowledgeable posters on here could clarify as I have no idea which post I think I saw it in:o

fermi

Lexis200 wrote: »

Sorry if this sounds a bit dense, but I thought that with unsecured loans such as credit cards they couldn't put a charge on your home? I thought this was just one of their scare tactics...

It's not dense, because it is sometimes used as a scare tactic to put pressure on you.

But it is perfectly true that a charging order can be used on an unsecured debt to effectively secure it on a property. However, as was discussed earlier in this thread, it is a lot more difficult for a creditor to achieve than they would have you believe. See the posts discussing the why's and wherefores above.

Lexis200

Thanks fermi - I've been looking through the boards for a couple of hours now and I think I've gone a bit word blind, so I must have just read it wrong:)

immoral_angeluk

If you are with payplan already then forward the letter on to payplan and let them deal with it!

fermi

immoral_angeluk wrote: »

If you are with payplan already then forward the letter on to payplan and let them deal with it!

Definitely. At least talk it through with them anyway. That is one of the things PayPlan are there for.

I meant to post these pieces from the PayPlan DMP FAQ last night, but forgot.

From: FAQ - Debt Management Plans (DMP)

Can my creditors still issue me with a County Court Judgement?

As a DMP isn't legally binding creditors could still take action against you. As Payplan have many years experience and have a great relationship with the creditors this is less likely to happen. However Payplan would continue to support you if any of your creditors applied to the court for a CCJ. Even if a creditor applied to the court for a CCJ the payment should remain similar to what you are paying through Payplan.

Is my home at risk?

No, a DMP is an alternative to bankruptcy and isn't legally binding so you won't lose your home if you continue to make the agreed payments into your DMP. It is always our priority at Payplan to ensure that your property is not at risk and allowances will be made within your income and expenditure to keep up the payments on any mortgages or loans secured on your property. Providing you do this then there is no reason why your property should be at risk.

What support do I get?

Here at Payplan we pride ourselves on giving excellent support to clients. Throughout your Payplan arrangement you will have a case officer who will give you a direct number and an email address so you can keep in contact. If your financial situation changes you can talk to your case officer who will try and arrange a new plan for you. Staff are always there to give support and answer any questions you may have. Our website also gives you continuous support with hundreds of pages of technical knowledge, money saving tips up to date relevant news and Justabank.

They also have a FAQ on county court judgements.

Link: FAQ - County Court Judgements (CCJs)

tyllwyd

I can't help wondering what the attitude of PayPlan (and CCCS) is when you dispute the debt by asking for a CCA? Is there a danger that they might end your DMP with them? Have you asked PayPlan that question?

fermi

tyllwyd wrote: »

I can't help wondering what the attitude of PayPlan (and CCCS) is when you dispute the debt by asking for a CCA? Is there a danger that they might end your DMP with them? Have you asked PayPlan that question?

I was reading something similar on another site a couple of weeks ago.

When they queried it with PayPlan (or CCCS, I can't remember which) their attitude was that if you were using the CCA request as a way to dispute the debt and stop making payments with a view to excluding them from the DMP, then that is something they did not want to be involved in.

However, if that OP was using the CCA request to check whether the creditor/DCA was legally entitled to enforce the debt through the courts with a mind to discouraging that action and making them play fairer regards accepting the DMP payments, then they didn't have and problem with that as long as you continued the DMP.

But that is only a case I remember, so the OP would need to check that out for themselves if they are concerned.