My Debt Experience - Learn from my pain

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

You may all be interested in the following article in relation to charging orders/restrictions......

Best
SnV

[Spent2much]

Re: My Debt Experience - Learn from my pain

It should just be a restriction

thats good then, i am confident that when we find out which of our debts UE (all of them in faith) then we are going to concetrate on saving a bit back it may be a little but the business has picked up now so this is our aim and then offer fairfax/evershods full and final to get rid

[helmsman]

Re: My Debt Experience - Learn from my pain

Not sure if your question is aimed at me ,but i will answer anyway

the credit card which is now a charge on the house is in my husbands name only, the mortgage is in joint names .

It should just be a restriction

[helmsman]

Re: My Debt Experience - Learn from my pain

Are the debts joint or individual names?

Niddy, is it correct that COs aren't worth the paper they're written on if the house is in joint names but the debts individual names?

HI,
I know you asked Niddy but the answer as by what I have read yes they are worth something, but a solicitor that knows about these restrictions means you can sell your house get the money then tell who ever has the restriction you have sold it. The problem is finding a solicitor that understands.

[Spent2much]

Re: My Debt Experience - Learn from my pain

Sorry to hear that! I know thats a risk, but I'm hoping that I can head things off before it gets to that point.

Best
SnV

you will too , when this happened to us we never had any support , but now we have this forum and freinds who help we will avoid as best we can, the sad thing is , that we sent off for a CCA request from eversheds and we wrote the wrong account number on the letter , so they went for the charge and got it, but thinking now that account was still in dispute .

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

Are the debts joint or individual names?

Niddy, is it correct that COs aren't worth the paper they're written on if the house is in joint names but the debts individual names?

All the debts are individual names, they were never taken jointly.

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

you had an understanding judge the one we saw granted a charge for £5600 which was a credit card, hopefully all of our debts will come back UE i refuse to speak negative

Sorry to hear that! I know thats a risk, but I'm hoping that I can head things off before it gets to that point.

Best
SnV

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

Hi SNV,
Vitually same as you paid dmp 4 years then decided UE route,
once Niddy had seen ccas started to pay enforceable ones token payments and UE well you can guess what they get. I have had 1 take me to court (it was enforceable) affordable payment set 15 years to clear that 1 so go for it I know the enforceable ones will be a problem later but who cares I live for the present some of the enforceable ones write and ask for more I just ignore and contiue to pay what I pay all interest has been stopped.
ps I have been to court for a C/O but the DJ refused as long as we keep up the payments on CCJ, also when threatened with C/O and usual crap from creditors/ dcas if it is me or other half not joint, I write and tell them they will only get a restriction and thats a waste of money.

Thanks Helmsman

I hoping that by the time that things even got that far I would be making F&F offers anyway. None of the debts are joint debts (with the exception of the mortgage) so they would only get a restriction not a full CO as far as I'm aware.

Best
SnV

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

Mate then do that, stop payments and try and save as much as you can for F&F - worth a try, surely...?

They won't jump in with legal action straight away, especially if every so often (ie upon nasty threats) you pay £20 or summat.....

Sure we can work something out..

Thats what I was thinking, just wanted to make sure there were no other risks I hadn't thought about.

I'll start keeping a diary on what happens, as its likely things will get a little nasty but I can deal with the threat-o-grams!

Best
SnV

[Spent2much]

Re: My Debt Experience - Learn from my pain

Are the debts joint or individual names?

Niddy, is it correct that COs aren't worth the paper they're written on if the house is in joint names but the debts individual names?

Not sure if your question is aimed at me ,but i will answer anyway

the credit card which is now a charge on the house is in my husbands name only, the mortgage is in joint names .

[DNW]

Re: My Debt Experience - Learn from my pain

Are the debts joint or individual names?

Niddy, is it correct that COs aren't worth the paper they're written on if the house is in joint names but the debts individual names?

[Spent2much]

Re: My Debt Experience - Learn from my pain

Hi SNV,
Vitually same as you paid dmp 4 years then decided UE route,
once Niddy had seen ccas started to pay enforceable ones token payments and UE well you can guess what they get. I have had 1 take me to court (it was enforceable) affordable payment set 15 years to clear that 1 so go for it I know the enforceable ones will be a problem later but who cares I live for the present some of the enforceable ones write and ask for more I just ignore and contiue to pay what I pay all interest has been stopped.
ps I have been to court for a C/O but the DJ refused as long as we keep up the payments on CCJ, also when threatened with C/O and usual crap from creditors/ dcas if it is me or other half not joint, I write and tell them they will only get a restriction and thats a waste of money.

you had an understanding judge the one we saw granted a charge for £5600 which was a credit card, hopefully all of our debts will come back UE i refuse to speak negative

[helmsman]

Re: My Debt Experience - Learn from my pain

I'm not sure, thats why I'm asking for sensible heads

I am thinking that it would normally take many months to get to a CO point, so I was going to put aside the DMP payments I am making as a 'slush fund'

I thought that after a few months I may be able to put in F&F offers @ 10/20% of the debts.

Or, alternatively, if things did get as far as court, then I would (hopefully) have enough money to pay to avoid a CCJ or CO.

Trouble is that on occasion DMP payment has almost come before the mortgage as things have been so tight, which I know is wrong. All of my creditors have now received way more than was ever borrowed initially, and in the case of Lowell and the Shop Direct debts, the amounts were almost doubled through interest and charges.

Hi SNV,
Vitually same as you paid dmp 4 years then decided UE route,
once Niddy had seen ccas started to pay enforceable ones token payments and UE well you can guess what they get. I have had 1 take me to court (it was enforceable) affordable payment set 15 years to clear that 1 so go for it I know the enforceable ones will be a problem later but who cares I live for the present some of the enforceable ones write and ask for more I just ignore and contiue to pay what I pay all interest has been stopped.
ps I have been to court for a C/O but the DJ refused as long as we keep up the payments on CCJ, also when threatened with C/O and usual crap from creditors/ dcas if it is me or other half not joint, I write and tell them they will only get a restriction and thats a waste of money.

[Never-In-Doubt]

Re: My Debt Experience - Learn from my pain

Mate then do that, stop payments and try and save as much as you can for F&F - worth a try, surely...?

They won't jump in with legal action straight away, especially if every so often (ie upon nasty threats) you pay £20 or summat.....

Sure we can work something out..

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

but both also been beaten in recent cases. However, I agree not worth it when it involves your hoose.

so what do you think is best then?

I'm not sure, thats why I'm asking for sensible heads

I am thinking that it would normally take many months to get to a CO point, so I was going to put aside the DMP payments I am making as a 'slush fund'

I thought that after a few months I may be able to put in F&F offers @ 10/20% of the debts.

Or, alternatively, if things did get as far as court, then I would (hopefully) have enough money to pay to avoid a CCJ or CO.

Trouble is that on occasion DMP payment has almost come before the mortgage as things have been so tight, which I know is wrong. All of my creditors have now received way more than was ever borrowed initially, and in the case of Lowell and the Shop Direct debts, the amounts were almost doubled through interest and charges.