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  • FIRST POST
    • sourcrates
    • By sourcrates 21st Jul 19, 2:51 PM
    • 19,150Posts
    • 18,070Thanks
    sourcrates
    Struggling with debt? Ask a stepchange debt adviser a question
    • #1
    • 21st Jul 19, 2:51 PM
    Struggling with debt? Ask a stepchange debt adviser a question 21st Jul 19 at 2:51 PM
    If you need help with your debts, this is the thread for you.

    This is a new thread, as the old one was getting a tad long.


    Trained advisers from StepChange Debt Charity are here and waiting to answer your debt questions. They're a friendly bunch so please don't be shy!

    There are three ways to get in touch:

    1 - Simply post your question below and the team will reply. If your question is about bankruptcy, then pop over to the Bankruptcy board.

    2 - If you would prefer to ask a question in private, feel free to send a message to StepChange Private Messages.

    3 - StepChange Debt Remedy is a free and confidential online debt advice tool. You can put a budget together at your pace, and you can also talk it over with an adviser through online chat.

    If you're a StepChange Debt Charity client already, please contact its Aftercare team rather than posting in this thread (their contact details are in your Welcome Pack).

    If you're self employed and need debt help please get in touch with Business Debtline.

    This is discussion thread part five, see parts one, two three and four: https://forums.moneysavingexpert.com/showthread.php?t=5559140.


    If you haven't already, join the forum to reply!
    Last edited by sourcrates; 22-07-2019 at 12:47 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    forumteam@moneysavingexpert.com.
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
Page 6
  • StepChange_Rachael
    Hi

    Thanks for your post.

    Iím sorry to hear youíre struggling. You certainly shouldnít have to live without heating and enough food. There might be organisations in your area that can offer immediate help in terms of food and heating, itís worth searching online to check.

    As Sourcrates has rightly said, your house isnít at risk in an IVA. Itís unlikely youíd be able to release equity in the final year any way due to the impact an IVA has on a personís credit file and like you said there isnít any equity to release. Even if a person could release equity this wouldnít be by a forced sale.

    I would also recommend speaking with your Insolvency Practitioner, IVAís do have some flexibility and there might be adjustments that can be made to make the budget more liveable while you complete it.

    Hope this is of some help.
    Rachael




    Hi we are 18 months of finishing our extended Iva (6 yrs not 5). My sister said they may make us sell our house at the end is this true? We are currently in negative equity.

    We are struggling every month to manage. Most months we run out of wage by the middle of the month. We have 2 celiac children whoís diet costs a small fortune and we make sure they are fed, but I generally donít eat unless my hubby is home so that I can save food. We currently have no heating or hot water as our boiler has gone and our shower has packed in too we manage to get enough hot water to was the kids in warm water but weíre showering in cold water. I just canít take much more living like this and if they then say we have to sell our house well what has been the point. My husband is a teacher I was a teacher but canít work due to ill health anymore but surely we shouldnít be living like this. I just feel like throwing the towel in xx -sorry for such a negative first post
    Originally posted by Timeforchange19
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Strugglingmum
    • By Strugglingmum 1st Dec 19, 1:04 AM
    • 1 Posts
    • 0 Thanks
    Strugglingmum
    I have just applied for a DPP. I donít fully understand what needs to be done but Iím at the end of all options. Whatís happens when I received, complete and return the form for DPP? Will my family and employer find out? I have the below debts with an income of £1455 each month.
    Loan £12618 (£178 per month)
    CC £4325 (£175 per month)
    CC £1328 (£78 per month)
    CC £500 (£40 per month)
    CC £500 (£40 per month)
    Catalogue £1289 (£89 per month)
    Catalogue £876 (£76 per month)
    Catalogue £652 (43 per month)
    Rent £400 per month
    Family loan (bank loan in their name that I pay £12600 - £249 per month)
    I donít own my home or car. I have two young children. My partner works (approx £270 per week and has his own loans/CC of £340 per month) but his job is ending in 3 weeks which causes even more worry.

    I just want to be able to pay my bills and not have anxiety attacks because of the stress. I just donít see a way out of this. I have searched for soooo many CC with 0% and consolidation loans but I canít get any. I need help before something silly happens 😢. My last hope is for a DPP to be good for me so Iím really hoping it is! Any advice? Anything at all please?

    Thank you to anyone who reads this and responds ❤️
  • StepChange_Rachael
    Hi

    Welcome to the forum and thanks for posting.

    It sounds as though youíre going through a very difficult time at the moment and Iím sorry to hear your finances are causing you anxiety attacks.

    From the information youíve provided, it looks like youíd definitely benefit from a solution that would make the payments more affordable, as they are very high. Hopefully Iíll be able to answer your concerns, but Iíd also recommend speaking with the money advisory service who is helping you arrange the DPP (debt payment programme) if youíve any concerns about the process. As a DPP is a formal solution available in Scotland, supported by the Scottish government, it means there are benefits such as interest and charges being stopped while you pay the debt back. Because itís a more formal solution than a debt management plan (DMP) you will be listed on the DAS register, because a DPP is not insolvency itís much less likely to impact your job and your work wouldnít be directly made aware, unless you wanted the payment to be taken directly from your income. However, with any debt solution, itís worth double checking your contract to make sure. For someone to be located on the register, they would have to be searched for directly.

    Iíd recommend double checking the budget youíve created with the money advisory service that recommended a DPP, making sure all the costs have been included for the expenditure youíve mentioned, to help make sure payments are maintainable.

    Iím sure once you start a plan things will feel better and the anxiety will start to reduce. There are also lots of helpful forums on MSE that can help support you on your debt free journey and it might be worth speaking with your GP to get immediate help with anxiety in the interim.

    Thanks
    Rachael




    I have just applied for a DPP. I donít fully understand what needs to be done but Iím at the end of all options. Whatís happens when I received, complete and return the form for DPP? Will my family and employer find out? I have the below debts with an income of £1455 each month.
    Loan £12618 (£178 per month)
    CC £4325 (£175 per month)
    CC £1328 (£78 per month)
    CC £500 (£40 per month)
    CC £500 (£40 per month)
    Catalogue £1289 (£89 per month)
    Catalogue £876 (£76 per month)
    Catalogue £652 (43 per month)
    Rent £400 per month
    Family loan (bank loan in their name that I pay £12600 - £249 per month)
    I donít own my home or car. I have two young children. My partner works (approx £270 per week and has his own loans/CC of £340 per month) but his job is ending in 3 weeks which causes even more worry.

    I just want to be able to pay my bills and not have anxiety attacks because of the stress. I just donít see a way out of this. I have searched for soooo many CC with 0% and consolidation loans but I canít get any. I need help before something silly happens 😢. My last hope is for a DPP to be good for me so Iím really hoping it is! Any advice? Anything at all please?

    Thank you to anyone who reads this and responds ❤️
    Originally posted by Strugglingmum
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Fusterclucker
    • By Fusterclucker 2nd Dec 19, 7:37 PM
    • 53 Posts
    • 54 Thanks
    Fusterclucker
    Hi - I did ask this question to the general audience, but I am hoping a StepChange rep might pick up on this. I have emailed in but not had a reply.

    I have today made only my second dmp payment. However, I have found that I underestimated a couple of essential monthly expenses. I need to amend my payment.

    I appreciate this is early days in my agreement, however, can I ask to lower my payments?

    I am presently paying £336 but would like that to be £260.
  • StepChange_Rachael
    Hi

    Thanks for getting in contact.

    Iím sure an advisor will email back soon, weíre very busy at the moment which is why you might not have had a reply yet.

    Your budget needs to be as accurate as possible so that a solution is maintainable. If you need to update your expenditure thatís no problem, but youíd need to contact the team thatís dealing with your plan and theyíll help discuss this with you. You can find our contact page here, the number would also be in your welcome pack.

    Thanks
    Rachael








    Hi - I did ask this question to the general audience, but I am hoping a StepChange rep might pick up on this. I have emailed in but not had a reply.

    I have today made only my second dmp payment. However, I have found that I underestimated a couple of essential monthly expenses. I need to amend my payment.

    I appreciate this is early days in my agreement, however, can I ask to lower my payments?

    I am presently paying £336 but would like that to be £260.
    Originally posted by Fusterclucker
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • margaretkb
    • By margaretkb 4th Dec 19, 3:06 PM
    • 24 Posts
    • 3 Thanks
    margaretkb
    Hidden debts and mortgage applications
    Hi
    A long story but in a nut shell I have hidden debts (£11,000) which I am now paying off. I know the sensible thing is to come clean and tell my husband but am not in a position to do this - the advice I am looking for is: we have talked about moving, if we were to buy another property and take out a mortgage will my debts be exposed and will this stop us getting a mortgage? My credit score is good as I have always made payments on time. My husband is very goid with money and has lots of savings. He asked his bank about a mortgage and they agreed - but assuming this was in principle they didn't do a full credit check on both of us?? I hope people won't judge me, I don't really want to discuss why it is a hidden debt, believe me it has been a huge weight to carry....
    Last edited by margaretkb; 04-12-2019 at 3:09 PM. Reason: Forgot to add amount of debt
    • margaretkb
    • By margaretkb 4th Dec 19, 5:00 PM
    • 24 Posts
    • 3 Thanks
    margaretkb
    Meant to say thank you !
    • mia52
    • By mia52 4th Dec 19, 5:34 PM
    • 1 Posts
    • 0 Thanks
    mia52
    Hi,

    I currently owe just over £40k across different accounts. Two with Lowell, one with Robinson Way and one with DMS.
    I am seperating from my partner and he is going to buy me out of my share of the house. After paying off the car I should be left with about £15k, but I will need to keep a bit behind to help me set up and find somewhere new to live. I would like to use £10 - £12k of that to get rid of my debts. What is the likelyhood of them accepting a 20% F & F settlement offer? Considering, I will no longer own the house and have any equity left in it, the only other asset I will have is my car which is worth just under £5k. Clearly my financial situation is now in a worse position? Would this make them more inclined to accept my offer?
  • StepChange_Allen
    Hi
    A long story but in a nut shell I have hidden debts (£11,000) which I am now paying off. I know the sensible thing is to come clean and tell my husband but am not in a position to do this - the advice I am looking for is: we have talked about moving, if we were to buy another property and take out a mortgage will my debts be exposed and will this stop us getting a mortgage? My credit score is good as I have always made payments on time. My husband is very goid with money and has lots of savings. He asked his bank about a mortgage and they agreed - but assuming this was in principle they didn't do a full credit check on both of us?? I hope people won't judge me, I don't really want to discuss why it is a hidden debt, believe me it has been a huge weight to carry....
    Originally posted by margaretkb

    Hi Margaret

    Thanks for your post.

    I don't know for sure, but I suspect this was an affordability assessment, advising how much they'd likely to be able to lend you, so you know what house prices to look at. I say this as it doesn't sound like you've got a specific house in mind.

    If your credit rating is good, that's positive, but there may be one issue, which could make your husband aware of the debts. The debts will be classed as spending commitments, which they look at to consider your affordability of monthly payments. So, you will have to declare any debt repayments and debt balances to the mortgage lender. I'd imagine that it's likely that your husband would become aware of this as a result.

    It wouldn't necessarily stop you getting a mortgage, but it could reduce the amount you can borrow, or how much you can pay each month (which could lead to a longer term with more interest payable, for example).

    I hope this is helpful.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • StepChange_Allen
    Hi,

    I currently owe just over £40k across different accounts. Two with Lowell, one with Robinson Way and one with DMS.
    I am seperating from my partner and he is going to buy me out of my share of the house. After paying off the car I should be left with about £15k, but I will need to keep a bit behind to help me set up and find somewhere new to live. I would like to use £10 - £12k of that to get rid of my debts. What is the likelyhood of them accepting a 20% F & F settlement offer? Considering, I will no longer own the house and have any equity left in it, the only other asset I will have is my car which is worth just under £5k. Clearly my financial situation is now in a worse position? Would this make them more inclined to accept my offer?
    Originally posted by mia52

    Hi Mia

    Welcome to the forum and thanks for posting.

    Decisions on settlement offers are almost impossible to predict, so I can't say what the chances of acceptance are for you. They vary based on at least the following factors:

    - Payment history (e.g. less likely to accept if not missed any payments yet)
    - Percentage being offered (the higher, the better)
    - Age: The older the person, the more likely acceptance could be, as there's in theory less years left to pay
    - The company itself. Some are more open to settlement offers than others
    - What the alternative is. For example, if your budget shows you could clear the debts in 5 years, they may prefer that, but if you were never realistically going to be able to clear via instalments, it's more likely they'd accept.

    So basically, when the dust has settled, if you want to offer settlements to everyone, I'd recommend taking the following steps:

    - Offer everyone the same percentage of their balance. i.e. if you have 25% of the total balance, I'd offer them all 25% of their balance
    - Make the offer in writing, stating that this is an full and final offer, on the basis that the rest of the debt is written off. Include a budget and list of debts in there to demonstrate your situation
    - Only make the payments when they've all confirmed acceptance

    I hope this helps.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Rscott93
    • By Rscott93 13th Dec 19, 2:33 AM
    • 46 Posts
    • 6 Thanks
    Rscott93
    The girl I'm seeing had an outstanding council tax debt of around £1800 from when she lived with her ex over a year ago.

    She was paying all the bills and he was responsible for paying the council tax. Anyway, 6 months ago he outright agreed over text that he would take care of the debt as it was his to pay.

    Fast forward 6 months our lass has had a letter through her door from Jacobs debt recovery saying they are persuing her for the full amount and for her to give them a phone call immediately. She's obviously panicked and phoned them and she's been told that he's taken his name off the bill and that she needs to agree to a payment plan to pay the amount back which is £50 per month for however long. Now I have 2 questions...

    Even though he has agreed to pay the debt via text I know this won't be a legitimate cause for her not to be liable. What I'm asking is has she accepted responsability by agreeing to a payment plan? The other question is more of a legality but they were both on the tenancy and registered as paying bills so how has he managed to take his name off the debt and leave it solely to her? Any advice will be appreciated before we approach CAB / Stepchange?
  • StepChange_Rachael
    Hi

    Thanks for your post.

    Your partner would still be responsible for this debt, as youíve mentioned. However, it seems unusual that Jacobs have said that the other party has removed their name from the account. Itís my understanding that you canít remove your liability from an outstanding debt. I think itís more likely that theyíve not had much luck in chasing the other party for the debt so have now started chasing your partner for it.

    Council tax isnít a consumer credit product so it wouldn't make a difference if they made a payment or not in terms of acknowledging liability. If the council tax was in their name originally then they are liable, and this liability would remain until the debt has been paid or it had been written off through certain types of insolvency.

    Iíd recommend your partner check out this link to give her more information on enforcement agents, what they can and canít do and her rights. They are fairly limited as long as they are not let into the property and an affordable payment is being made. Unfortunately, both parties will be liable for the full debt, not just their share and itís likely Jacobs will keep collecting until the full balance has been paid.


    Of course, if your partner does want to discuss this in more detail, she can contact CAB or us directly at StepChange.

    Hope this is of some help.

    Thanks
    Rachael






    The girl I'm seeing had an outstanding council tax debt of around £1800 from when she lived with her ex over a year ago.

    She was paying all the bills and he was responsible for paying the council tax. Anyway, 6 months ago he outright agreed over text that he would take care of the debt as it was his to pay.

    Fast forward 6 months our lass has had a letter through her door from Jacobs debt recovery saying they are persuing her for the full amount and for her to give them a phone call immediately. She's obviously panicked and phoned them and she's been told that he's taken his name off the bill and that she needs to agree to a payment plan to pay the amount back which is £50 per month for however long. Now I have 2 questions...

    Even though he has agreed to pay the debt via text I know this won't be a legitimate cause for her not to be liable. What I'm asking is has she accepted responsability by agreeing to a payment plan? The other question is more of a legality but they were both on the tenancy and registered as paying bills so how has he managed to take his name off the debt and leave it solely to her? Any advice will be appreciated before we approach CAB / Stepchange?
    Originally posted by Rscott93
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Money18
    • By Money18 13th Dec 19, 5:08 PM
    • 15 Posts
    • 0 Thanks
    Money18
    Debt - Statute Barred?
    I wrote a statute barred letter to Cabot Financial regarding a non-secured loan debt more than 6 years old.

    They replied saying that as legal proceedings were initiated, even though a CCJ was not obtained, that the debt is no longer subject to the Limitations Act 1980 and so is not statute barred.

    Court documents were apparently sent out by them to obtain a CCJ but were sent back as I don't live there. The last couple of letters were forwarded to me by my parents' tenants.

    They said as the loan is no longer statute barred, they will hold the account for 21 days for me to contact them to arrange repayment, otherwise if they do not hear from me they will return the account to the collections process.. which I assume to mean they will try legal action to reapply for CCJ?

    Dates of last payment, Default notice, any acknowledgment of debt, and their initiation of legal proceedings - were all more than 6 years ago.

    They started court action before the limitations period was up and say "..court documents were sent back to their solicitors and stamped "does not live here". As such, no CCJ was obtained."

    nationaldebtline.org states:
    "Once a creditor has a county court judgment (CCJ) for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment."

    citizensadvice.org.uk states:
    "If youíve already been given a court order for a debt, thereís no time limit for the creditor to enforce the order.
    If the court order was made more than 6 years ago, the creditor has to get court permission before they can use bailiffs."

    A National Debtline advisor said that they may have a case that it's not statute barred, and in theory, you cannot be taken to court for the same debt twice, but as they never obtained a CCJ last time, this may be a possibility.

    Citizen's Advice Bureau advisor said:
    "They would have needed to obtain a CCJ to stop the debt becoming statute-barred. Simply issuing a money claim and then dropping the claim doesn't stop a debt from becoming statute-barred - they would have needed to get a CCJ."

    They went on to say: "If they did take legal action to reapply for a CCJ, they would need to make a money claim at court - you would get a claim pack in the post. You would need to defend the debt within 14 days on the grounds that it is statute-barred."

    These advisors have clearly contradicted each other.

    Is there anyone in your team who is a solicitor who can answer the following?

    Is it true that though they initiated legal proceedings, the fact a CCJ was not obtained within the 6 year period, means the debt is in fact statute barred? Or is it true that as legal proceedings were initiated, even though a CCJ was not obtained, that the debt is no longer subject to the Limitations Act 1980 and so is not statute barred?

    Re: "you cannot be taken to court for the same debt twice, but as they never obtained a CCJ last time, this may be a possibility."
    - Is this true?

    What is my best course of action?

    Thank you
    • shez1987
    • By shez1987 15th Dec 19, 7:47 AM
    • 17 Posts
    • 1 Thanks
    shez1987
    Budget plan
    Hello,
    I recently went through a budget plan with yourselves and realised that some of the budget seemed slightly wrong.

    We are a family of 5 and I put down that we spend 80 a week but now I know that this is not enough for shopping I usually spend more which includes toiletries, cleaning etc how much should I be spending.
    Secondly, I didn't put any costs down for hairdressing/barbers and I think I need to add this in what is the allowable expense?
    Thirdly, i am a student and get a set amount of budget through student loan so at present my costs of childcare is low but in 18 weeks time i am responsible for paying full amount how do I start my dmp to incorporate the cost initially
    Thank you
    • shez1987
    • By shez1987 15th Dec 19, 3:28 PM
    • 17 Posts
    • 1 Thanks
    shez1987
    Forgotten question
    What happens on dmp if my husband doesnt get his bonus? What happens if we earn more than we said one month?
    On a hamster wheel at the min and got things spinning round my head need to sleep, cant sleep coz of money worries, crying coz I'm emotional, stressed coz I'm tired round and round with no stop at the end as of yet
  • StepChange_Rachael
    Hi

    Thank for posting.

    Itís my understanding that only once a CCJ has been obtained the debt can no longer be statute barred. The creditor only has to send the paperwork to the last known recorded address. Itís up to the debtor to keep the creditor up to date in any change of address. If the claim is issued and not responded to within 14 days, the debt should then be registered as a CCJ. This would then be recorded on your credit file. If this hasnít been registered on your credit file, then Iíd assume the CCJ hasnít been obtained and the limitations period can still be followed.

    As a debt advisor I often speak to clients whose debts have gone to a CCJ, but they hadnít received paperwork because it had gone to a previous address, so I wouldnít see how this would stop the CCJ from being made. To make sure the debt hasnít been registered as a CCJ you could check the Registry Trust online to make sure.

    We canít offer legal advice at StepChange, if you wanted to explore the legalities, youíd have to seek specialist legal advice.

    Thanks
    Rachael






    I wrote a statute barred letter to Cabot Financial regarding a non-secured loan debt more than 6 years old.

    They replied saying that as legal proceedings were initiated, even though a CCJ was not obtained, that the debt is no longer subject to the Limitations Act 1980 and so is not statute barred.

    Court documents were apparently sent out by them to obtain a CCJ but were sent back as I don't live there. The last couple of letters were forwarded to me by my parents' tenants.

    They said as the loan is no longer statute barred, they will hold the account for 21 days for me to contact them to arrange repayment, otherwise if they do not hear from me they will return the account to the collections process.. which I assume to mean they will try legal action to reapply for CCJ?

    Dates of last payment, Default notice, any acknowledgment of debt, and their initiation of legal proceedings - were all more than 6 years ago.

    They started court action before the limitations period was up and say "..court documents were sent back to their solicitors and stamped "does not live here". As such, no CCJ was obtained."

    nationaldebtline.org states:
    "Once a creditor has a county court judgment (CCJ) for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment."

    citizensadvice.org.uk states:
    "If youíve already been given a court order for a debt, thereís no time limit for the creditor to enforce the order.
    If the court order was made more than 6 years ago, the creditor has to get court permission before they can use bailiffs."

    A National Debtline advisor said that they may have a case that it's not statute barred, and in theory, you cannot be taken to court for the same debt twice, but as they never obtained a CCJ last time, this may be a possibility.

    Citizen's Advice Bureau advisor said:
    "They would have needed to obtain a CCJ to stop the debt becoming statute-barred. Simply issuing a money claim and then dropping the claim doesn't stop a debt from becoming statute-barred - they would have needed to get a CCJ."

    They went on to say: "If they did take legal action to reapply for a CCJ, they would need to make a money claim at court - you would get a claim pack in the post. You would need to defend the debt within 14 days on the grounds that it is statute-barred."

    These advisors have clearly contradicted each other.

    Is there anyone in your team who is a solicitor who can answer the following?

    Is it true that though they initiated legal proceedings, the fact a CCJ was not obtained within the 6 year period, means the debt is in fact statute barred? Or is it true that as legal proceedings were initiated, even though a CCJ was not obtained, that the debt is no longer subject to the Limitations Act 1980 and so is not statute barred?

    Re: "you cannot be taken to court for the same debt twice, but as they never obtained a CCJ last time, this may be a possibility."
    - Is this true?

    What is my best course of action?

    Thank you
    Originally posted by Money18
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • StepChange_Rachael
    Hi

    Thanks for posting.

    Not to worry, we can amend the financial budget youíve completed with us, itís important the budget is as accurate as possible, so our advice also is. In any correspondence weíve sent you there should be the direct contact details for the team that is dealing with your plan. However, if you follow this link youíll find the contact details for our departments.

    Thanks
    Rachael




    Hello,
    I recently went through a budget plan with yourselves and realised that some of the budget seemed slightly wrong.

    We are a family of 5 and I put down that we spend 80 a week but now I know that this is not enough for shopping I usually spend more which includes toiletries, cleaning etc how much should I be spending.
    Secondly, I didn't put any costs down for hairdressing/barbers and I think I need to add this in what is the allowable expense?
    Thirdly, i am a student and get a set amount of budget through student loan so at present my costs of childcare is low but in 18 weeks time i am responsible for paying full amount how do I start my dmp to incorporate the cost initially
    Thank you
    Originally posted by shez1987
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • StepChange_Rachael
    Hi

    I just saw that there was a second post after posting the first.

    As I mentioned in the previous post if you contact us directly, an advisor can discuss the financial budget youíve created with us in more detail. If income or expenditure varies from month to month, an advisor will help discuss this with you and work out a good average. Debt management plans (DMP) are flexible, weíd only want to set a payment based on affordability, we know paying more than you can afford isnít going to help you get debt free.

    Here is the link to our departments again so you can contact us as soon as possible and we can hopefully help ease your concerns and anxieties.

    Thanks
    Rachael






    What happens on dmp if my husband doesnt get his bonus? What happens if we earn more than we said one month?
    On a hamster wheel at the min and got things spinning round my head need to sleep, cant sleep coz of money worries, crying coz I'm emotional, stressed coz I'm tired round and round with no stop at the end as of yet
    Originally posted by shez1987
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Hellofromoverhere
    • By Hellofromoverhere 17th Dec 19, 12:06 PM
    • 1 Posts
    • 0 Thanks
    Hellofromoverhere
    Hi there, I am after some advice if you can help. I am hoping to find a way to clear our debts. I have a joint account with my husband which is £2000 overdrawn, a personal bank account which is £2000 overdrawn, a credit card with £1000 debt, and we are coming to the end of a PCP (in my name) and facing a balloon payment of £4000. My problem is that whilst my husband has a good salary (£40k) and no previous credit issues, for some reason his identity can't be verified on Experian, Equifax or Credit karma. We have been at our current property (rented) for three years and he has been on the electoral role for all that time. I have an excellent credit history but am currently a housewife so no income as such. I was hoping we might be able to get a debt consolidation loan to pay off the balloon payment for the car, the two overdrafts and the credit card, but this seems impossible now I am not working and my husband has no credit file as such? Do you have any advice? He has recently taken out a credit builder credit card to hopefully get some kind of good credit, but we don't understand why his identity can't be verified. Thank you very much for your help.
  • StepChange_Allen
    Hi there, I am after some advice if you can help. I am hoping to find a way to clear our debts. I have a joint account with my husband which is £2000 overdrawn, a personal bank account which is £2000 overdrawn, a credit card with £1000 debt, and we are coming to the end of a PCP (in my name) and facing a balloon payment of £4000. My problem is that whilst my husband has a good salary (£40k) and no previous credit issues, for some reason his identity can't be verified on Experian, Equifax or Credit karma. We have been at our current property (rented) for three years and he has been on the electoral role for all that time. I have an excellent credit history but am currently a housewife so no income as such. I was hoping we might be able to get a debt consolidation loan to pay off the balloon payment for the car, the two overdrafts and the credit card, but this seems impossible now I am not working and my husband has no credit file as such? Do you have any advice? He has recently taken out a credit builder credit card to hopefully get some kind of good credit, but we don't understand why his identity can't be verified. Thank you very much for your help.
    Originally posted by Hellofromoverhere

    Hi there

    Welcome to the forum and thanks for posting.

    To be honest I'm not really sure what to advise here; everyone has a credit file, so it sounds like access to those sites that's proving troublesome.

    If he's on the electoral roll then I'd have thought he'd be found when trying to open an account. My understanding is that you usually have to enter some card details, ideally a debit card, to confirm identity, as well as the usual questions on address etc. Has he tried doing that?

    My recommendation would be to contact the credit reference agencies to try and find out what the issue is.

    I hope you managed to get it resolved.

    Best wishes

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
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