CCJ Help

HollyB

Hope someone can explain in simple terms for me. Here goes!!! Ive set up a DMP with Payplan all but two of my creditors have accepted offer the remaining two Nationwide BS Overdraft and Nationwide CC have both refused and both passed onto collector one is Drydens (anyone heard 0f these) they seem to take no notice of anyone or anything and have progressed claim form and have received CCJ, just waiting for info back from court on payment judgement initiall they asked for £500? I only owen them £4.5k so I thought that was seriously high and theres no way i can meet that, payplan have sent the court of the relevant info. secoundly nationwide OD which was sent onto KPK but know seems to have gone back to Nationwide and they have just sent through a claim form, which again I have sent off to payplan?

My question or considerable worry is this

What does a CCJ mean
Can they take my home?? Surely not I have continued to pay throughout the whole period based on my income/outcome etc.
Could someone repossess my car? How would I get to Work??

Im seriously concerned by all this, all I want to do is agree a sensible amound with the Bank/Court and start paying, Im really trying hard and just managing, I can cope with the normal monthly amounts but £500 would put my mortgage in jeopardy.

Help a bit lost in this jungle and just want to seen the light!!!!!

chez000

A CCJ is a county court judgment.
County court judgements can be paid in installments which payplan are presumably trying to organise for you.
If you are already on a DMP then the payments you make for the CCJs should be around what you already are offering, payment amounts are set by a judge based on your income/expenditure.

IF you miss payments when you have a CCJ the creditor can then take enforcment action such as a chargin order - where the debt is secured against your home, or bailiffs hbut it is possible to have enforcment suspended.

Bottom line is, as long as you dont miss payments on a CCJ nothing really to worry about.

There is some info on the site about CCJs not sure where exactly but a search should bring it up

rog2

A 'CCJ' is a County Court Judgement and is usually accompanied by/incorporates an 'order of payment'.
The 'claimant' will have asked for a payment, either minimum monthly, or full settlement, and the 'Court' will deliberate as to whether the 'claim' is legal, and what the payment should be. The court will take into account what your income/expenditure is, and also the fact that you are on a DMP, with Payplan.
I'm a little surprised that Payplan have not been advising you on this, as whilst, when in a DMP, the creditor is not obliged to accept your/payplan payment proposals, he would be most unlikely to get a better deal by going to court as the courts will definitely take into account the fact that you are on a DMP and are unlikely to make an order for you to pay more than you can afford.
But, on the positive side, once an order has been made, it will be just as binding on the creditor/dca as it is on you. Providing that you make the ordered payments, any attempts to try to make you pay any more, will be illegal.
It is MOST UNLIKELY that they will petition for your bankruptcy for a 'debt' of £4,500.00.

10past6

Hi Holly

HollyB wrote: »

Ive set up a DMP with Payplan all but two of my creditors have accepted offer the remaining two Nationwide BS Overdraft and Nationwide CC have both refused and both passed onto collector one is Drydens (anyone heard 0f these) they seem to take no notice of anyone or anything

Re the DCA's taking no notice of you or Payplan, print out the letter below, amending it with your details, and send it recorded delivery to them:

Your Address

DCA / Creditor's Address

Date

Ref A/C xxxxxxxx

On the top of your letter state very clearly in bold letters “FORMAL COMPLAINT”

Dear Sir / Madam

I refer to the above account, held with yourself's.

I have informed your company on numerous occasions I am experiencing financial difficulties.

I am acting in a responsible manner re my current situation, by seeking the advice form Payplan, I have informed your company of this, which has fallen on deaf ears.

Due to your continued harassment I'm experiencing from your company, I have taken advice from the OFT, I am informed your company is in breach of the following guidelines:

Deceptive and / Or Unfair Methods.

2.8 Examples of unfair practices as follows:

C: Refusing to deal with appointed or authorised appointed third parties, such as, Citizens Advice Bureau, Independent Advice Centres, or Money Advisor's.

Contacting debtors directly and bypassing their appointed representatives.

Give the name of the organisation and account number of whose managing your DMP, this is your authorised third party appointed representative, i.e Payplan / CCCS / National Debt Line / CAB.

If I do not receive a satisfactory reply to my complaint from your company within 7 working days, from the date of this letter, I reserve the right to refer my complaint to the OFT for adjudication.

Sit back and see what happens.

Send your letter by RECORDED DELIVERY

HollyB wrote: »

secoundly nationwide OD which was sent onto KPK but know seems to have gone back to Nationwide and they have just sent through a claim form, which again I have sent off to payplan?!

Don't worry about KPR, they are the in house DCA for Nationwide, as they are in house Payplan WON'T deal with them, if you have a problem either with KPR, refer them back to Payplan or Nationwide.

HollyB wrote: »

Can they take my home?? Surely not I have continued to pay throughout the whole period based on my income/outcome etc.

Providing you keep to the agreement of the court, there should be no problem, out of curiosity, did you attend court, or file a defence?

HollyB wrote: »

Could someone repossess my car?

Again, providing you keep to the agreement of the court, there should be no problem.

HollyB wrote: »

I can cope with the normal monthly amounts but £500 would put my mortgage in jeopardy.

There are certain debts / bills that are called priority bills, Mortgage / Gas/ Community Charge. Electricity, CCJ , these MUST be paid, they will be included within your I&E, what's remaining from your your priority bills will be divided around your creditors.

HollyB wrote: »

Help a bit lost in this jungle and just want to seen the light!!!!!

We've all been there, you will get there in the end, most important part, try not to panic, the members here are all very supportive.

HollyB

Both Nationwide accounts have been paid the amount agreed via Payplan, they have accepted the payments, so hopefully this should help? If the payments remain the same or round about I will be able to pay no probs, my concern obviously is that they originally asked for £500?? this has now gone back for re-determnation (think thats right) when the judge decides or I have to attend a hearing? Pretty Scary stuff

HollyB

Hi Thanks for your advice extremely helpful!! With regards to the court hearing? I havent had a date back but have just sent back the re-determination (I think) via payplan for the Court to re acess the amount, I think from there on I either attend or the judge makes his decision of ££. After all my priority/living costs are paid off I have £150 which is devided up for my creditors, thats the lot? We shall have to wait and see rally appreciate your advice and letter, will get it off tonight, thanku