DMP Mutual Support Thread (Part 4)

Yummy-mummy

Starlite 82 - I'm on a DMP and have just renewed my mobile contract with Orange so don't think you'll have anything to worry about. Also managed to get a better deal from them saving me £15 pm!

Nicki_Sue

Yummy-mummy wrote: »

Starlite 82 - I'm on a DMP and have just renewed my mobile contract with Orange so don't think you'll have anything to worry about. Also managed to get a better deal from them saving me £15 pm!

Thats good to know - I applied to another network (O2) as they had a much better plan, phone, cashback, lower payments etc (and a free Wii which would have been DH's Xmas done lol) and they said "Yes - if you pay £150 deposit" - !!!!!!! just don't have the £150 mores the pity so looks like I'm staying and re-newing with orange so will have to definitely negotiate a better deal!

tass

cloudnine wrote: »

Hi Tass. Thanks for the information. Just one question: From start of your relationship to court, how long was that please? I'm obviously taking them very seriously.

It took about 5 months between them instructing Scottish Solicitors and decree being granted against us. However, for nearly a year before that there were letters going back and forward between us - they wanted us to agree to a Charging Order on our property (Charging Orders don't exist in Scotland) - we said they should just do what they wanted since we couldnt give them the money they wanted. We had been on our DMP for nearly 6 years at this point so it was a bit of a surprise. However, if any of our other creditors get difficult I will definitely know what to do.

With hindsight I do think we received quite poor advice from CCCS over the handling of this... they said we should offer as much as we could scrape up but I think we would have got away with the amount we were paying on the DMP anyway - the end result would have been the same (ie decree followed by Letters of Inhibition) with us not having to struggle quite so much.

I wish I had been aware of the significance of CCAs before!!

Good Luck - I'll be watching to see how you get on.

coolcait

ruthie70 wrote: »

H Folks - all my token payments now made - paperwork arrived from CCCS re DMP but still confusion as the CCCS counsellor also recommended a thing call a Debt Arrangement Scheme which is only available here in Scotland. It is monitored by the Scottish Government and once up and running the creditors cannot go after your house - a big worry of mine as I have a £19000 unsecured loan with Northern Rock (as well as my mortgage). You need to get a money advisor at the CAB before being accepted on this and this is where the problem is - CAB just never answer their phone :mad: :mad: I have emailed them for an appointment and still no joy. Think I will just turn up on Monday

I can still go with the DMP but the CCCS said that the Scheme was another option which might give me more peace of mind - I know it makes sense but just really want to be up and running ASAP.

Hiya ruthie

I was having a browse on all things Scottish and came across your post.

If you're looking at a DMP, then DAS could be a good option for you - although you'd probably have to make more than token payments.

This website tells you more about it www.moneyscotland.gov.uk

You do need to go to a specialist DAS money adviser to see if you'd be eligible and have it set up, but it's not just CAB money advisers who do it - quite a few local authorities also have DAS advisers. You can have a look on this register http://www.moneyscotland.gov.uk/das/das_display.jsp?pContentID=247&p_applic=CCC&p_service=Content.show&

If you're accepted onto DAS, your creditors will have to freeze interest, fees and charges (by law). And they can't take any kind of action to make you pay more than has been agreed. They can't touch your house.

It's not an overnight solution, but if it looks like an option for you, then you (or your money adviser) can put in a formal notice of interest in the scheme (an 'intimation'), and that will give you six weeks' protection from any legal action by your creditors. It's probably worth your while checking with a DAS adviser before you do put in this formal notice yourself, as once those six weeks are up, your creditors can take action against you - at least until you formally apply for DAS (if it's right for you). And you can't put in another intimation for another year.

Here's the application form you would send to the Accountant in Bankruptcy if you did want to put in an 'intimation':

http://www.moneyscotland.gov.uk/das/files/Notice%20of%20Intimation%20of%20an%20intention%20to%20apply%20for%20approval%20of%20a%20debt%20payment%20programme.pdf

I don't know how much of this is actually relevant to you, but I hope it helps in some way.

coolcait

tass wrote: »

It took about 5 months between them instructing Scottish Solicitors and decree being granted against us. However, for nearly a year before that there were letters going back and forward between us - they wanted us to agree to a Charging Order on our property (Charging Orders don't exist in Scotland) - we said they should just do what they wanted since we couldnt give them the money they wanted. We had been on our DMP for nearly 6 years at this point so it was a bit of a surprise. However, if any of our other creditors get difficult I will definitely know what to do.

With hindsight I do think we received quite poor advice from CCCS over the handling of this... they said we should offer as much as we could scrape up but I think we would have got away with the amount we were paying on the DMP anyway - the end result would have been the same (ie decree followed by Letters of Inhibition) with us not having to struggle quite so much.

I wish I had been aware of the significance of CCAs before!!

Good Luck - I'll be watching to see how you get on.

Hiya tass

I'm so sorry to hear about all you've been through .

I don't know whether DAS might be an option for you too? It won't wipe out the inhibition. However, AIUI, DAS means that creditors can't enforce any diligence against you - and inhibitions are a form of diligence.

So it might be worth checking with a DAS adviser to see if it would be any good to you.

HTH

Amyboo

Hello everyone:cool:

I've spent most of the night reading this thread as I couldn't sleep due to financial worry:o

A bit of background from my past. Hubby and I ran up debts (stupid I know) and although this time last year we were coping and on top of it all. Then in February this year my husband lost his job and decided to go self employed. Unfortunately his business isn't doing very well, and he's taken a part time job on at the weekends to help us out. I work 20 hours a week and looks after my 2 gorgeous girls.

Over the last year...
my eldest girl as been bullied at school which resulted in a school change, and is now having counselling
my brother in law passed away
I was made redundant
I started a new job
My husband now works 7 days a week
My grandad died just a matter of weeks ago
and I hate absolutely hate my job.

So there you have it, I'm on anti d's and beta blockers to calm me down. Me and hubby are arguing and last week we were on the verge of splitting up. It's been all downhill this year and I don't think I could get any lower.

So, after reading advice on here and actually having the lightbulb moment we've decided to contact the CCCS. A counsellor is going to ring us back but not until the 18th which feels like ages away. I just want to get the ball rolling and get started.

I hope we get accepted on the plan as I feel it would relieve so much pressure. My husband and I have opened a new bank account with the Nationwide and I'm going to let all the people know who pay into our account our new bank details today.

My worry is, that we have visa card payments due on the 12th and the 14th and theres definitly no money in the pot to pay these. What shall we do? Do we write to them and let them know that we're in contact with the CCCS? or do we sit and wait until we've had the phone call off the counsellor?

Is there anything else I should do whilst I'm waiting for this phone call?

You all seem great on here, and I would like to join the family if possible please? I think I'm going to need you guys over the next few weeks.

Thanks.

rugbymum

Hey Amy
Welcome aboard. :hello:
I'm sorry to hear that it's been such a "carp" year for you.
The main thing is for you and your husband to talk, support each other and work through this together. As I have read on many other threads "it's only money". Your marriage and family is more important than a bunch of debts.
You are not responsible for your husband losing his job and frankly circumstances change and noone can see the future!

I don't know what your situation is with your creditors but are you able to make token payments until your DMP is set up?
I sent a covering letter to all my creditors telling them I was about to enter into a DMP and that I enclosed a token payment until the plan was set up. I cancelled all D/D's and STO's, crossed my fingers and waited. I had a choice about paying creditors and feeding kids. It was easy in the end!
HUGS!

tass

coolcait wrote: »

Hiya tass

I'm so sorry to hear about all you've been through .

I don't know whether DAS might be an option for you too? It won't wipe out the inhibition. However, AIUI, DAS means that creditors can't enforce any diligence against you - and inhibitions are a form of diligence.

So it might be worth checking with a DAS adviser to see if it would be any good to you.

HTH

Thanks - It's not so bad - there are people a lot worse off than we are - we do have a lot of equity in our house but we don't want to sell it - in about 14 months we will be in a position to clear off our dmp - so there is light at the end of the tunnel. I work in the litigation department of a firm of solicitors with a debt recovery department attached (I don't do the debt recovery work - I don't have the required !!!!! from hell streak in me) ... but I do have some knowledge of how it all works from the recovery end - I was just so relieved that 1st Credit didn't instruct my firm - that would just have been so humiliating.

The Letters of Inhibition have the same effect as a Charging Order so the house is safe as long as we pay the instalments as arranged - the good thing is that the payments won't go up at all. I would really like to offer 1st Credit a full and final settlement when the time comes (much reduced) but am not sure how that will go with the decree being in place (I do keep any eye on similar actions going through at work though - so I might know beforehand) The rest our creditors have been great - if any of them have started adding interest again generally a phone call is all it takes to stop it - it's usually a mistake. We do have Lloyds and have the same reduced interest as everyone one here seems to have (they will also get a full and final offer) ... the rest will be paid in full and be welcome to it.

We would have gone down the route of a DAS with CAB if we had known at the time but CCCS were like our guardian angels. We were so stressed with robbing peter to pay paul for years and years its a wonder we're still together. We actually laugh about it now. CCCS have been lifesavers for us and I don't mean to appear ungrateful - it's probably not in their remit to tell people about obtaining CCA's !!

andreweduk

I just got a letter in the post today from Style Financial services, issuing a default notice on my account.

I'm on a DMP, so I guess this is normal and nothing much to worry about?

Janey51

Having ploughed my way through millions of threads on MSE and Consumer Action Group..am I right in thinking:

1.Getting a debt passed to a DCA means more chance of negotiating a low Full and Final Offer as they have paid peanuts for the debt anyway.

2. DCA's are less likely to be able to produce a valid CCA and this gives a good bargaining position for a reduced settlement.

3. Creditor's are less likely to take you to Court if you have no property for them to put a charge on. And if you are on benefits, even better :rolleyes:

4. Some DCA's are more receptive to settlement proposals ...and if so, who?

If I am being incredibly simplistic and naieve, please don't shoot me down in flames