This is the problem

[Spent2much]

We have our debts in a plan with payplan, we are on interest only mortgage and we certainly don't waste one penny if we can help it, the problem is this.

We pay our mortgage at the end of the month and the council tax and payplan on the 15th of every month, other bills on various dates , but it appears that we are making payplan our priority over our mortgage when this simply isn't the case, we always have the money in the bank for the 15th of every month ready to pay the council tax and payplan but we really struggle by the end of the month to pay the mortgage and are quite often short until the next week and we have to make it up. Neither of us smoke or drink and we try to cut down on everything to make paying everying on time possible.

We are self employed so its not always possible to know from one day to the next how much will be put in the bank to cover everything, we can never seem to get ahead of ourselves we seem to live from day to day and it really stresses me out big time.

I try putting money aside but it always has to be used to pay a bill when it comes the time to pay it and then there is the struggle once again to build up the money for the mortgage .

If it ever came to the point of bankruptcy it would look like we never tried to pay the mortgage and put none priority bills before the priority bills .

[Never-In-Doubt]

Re: This is the problem

Have you considered UE? We don't do payplan here

[Spent2much]

Re: This is the problem

Have you considered UE? We don't do payplan here

what does UE mean ?

[Spent2much]

Re: This is the problem

UE = unenforceability

Meaning your creditors can't obtain a CCJ against you but can still chase you and default you. If you are on a DMP you'd already been defaulted so that shouldn't be an issue. Basically you send ou a CCA request and if the CCA they send is defective or they can't find one the debt is UE - you stop paying it and wait for it to go Statute Barred after 6 years. That's the route most of us on here follow!

Well 3 of our debts are with 1st credit who took us to court and we won each time, we sent off CCA's for all 3 and also sent off a SARS for one of them and all they did was take the £10 we paid for the SARS off the debt .

We have been paying the debts now in a plan for over four years so we can't really say we despute them now can we ?

Also we have a mortgage and already have one charge on it for £5400 which virgin got .

Other than paying the debts for a thousand years or bankruptcy i see no way out unless of course we win the lottery

[Undercover Elsa]

Re: This is the problem

Hi Spent2mutch

Putting UE aside for a moment, Payplan state on they're website that they set a payment date convenient to you. Could you not set it to the end of the month, then change your mortgage payment to Standing Order rather than DD so you can pay that first, from 15th or whatever day is best..

Shep x

[MrsD]

Re: This is the problem

Ok





When Payplan set up the DMP they should have worked it out on your available income, it should NOT be unaffordable if it was worked out properly.

How much do you pay per month to Payplan and how much of that is against CCJs?
The CCJs are a priority debt as you must pay them or there can be consequences. With regards to the mortgage, can you not bring the forward to a payment date that suits better, I think there is a small fee for this, but the mortgage is a very important priority debt and you need to get that sorted first.

[PlanB]

Re: This is the problem

Well 3 of our debts are with 1st credit who took us to court and we won each time, we sent off CCA's for all 3 and also sent off a SARS for one of them and all they did was take the £10 we paid for the SARS off the debt .

When you say you won in court three times, doesn't this mean that 1st Credit didn't get a CCJ against you If so why did they lose and has anyone advised you on whether you need to keep on paying those particular debts ?

[PlanB]

Re: This is the problem

Well 3 of our debts are with 1st credit who took us to court and we won each time, we sent off CCA's for all 3 and also sent off a SARS for one of them and all they did was take the £10 we paid for the SARS off the debt .

We have been paying the debts now in a plan for over four years so we can't really say we despute them now can we ?

Also we have a mortgage and already have one charge on it for £5400 which virgin got .

Other than paying the debts for a thousand years or bankruptcy i see no way out unless of course we win the lottery

Why not ?

[Spent2much]

Re: This is the problem

Ist credit sent us a petition to make us bankrupt and they threatened for more money, at court the judge denied them the bankruptcy and told them all we could affrord is what they have been accepting.
I don't think ist credit have ccj's against us .
I have a ccj against one of my debts which is
£3.89 a month, there is charge on the house which is £27.77 a month, what we pay is only a small amount the whole payment is £76 a month inclusive, we just don't have a lot of money and being self employed and claiming working tax is more that out of work benefits, we are trapped and have no way out it seems.

I can't pay the mortgage by standing order because if it is taken out and the business does not make any money we get charged .

I am unable to work as i have anxiety and panic disorder.

[MrsD]

Re: This is the problem

Hi Spent

Sorry I'm having a particularly thick day to-day, so are you saying the total you pay to Payplan is 76? and the CCJ of 3.89 and the charging order of 27.77 is included in that? How many debts is the rest against and what are they?

[ScabHunter]

Re: This is the problem

Well 3 of our debts are with 1st credit who took us to court and we won each time

This is completely confusing. Do you mean they won each time, and that all these accounts are now under CCJ?

We have been paying the debts now in a plan for over four years so we can't really say we despute them now can we ?

If you have alleged debts which are not subject to CCJ you can make a request under ss.77-79 at any time. The fact you have been paying for four years is an irrelevance.

If you aren't familiar with 'UE' and what it involves, I would take the time to read some of the relevant threads to become acquainted with it first. Certainly do that before you make any choices as to what to do.

Other than paying the debts for a thousand years or bankruptcy i see no way out unless of course we win the lottery

Nobody can make that judgment, not even yourself, without knowing more about the circumstances. If there are debts which are not subject to a CCJ, some of them may be unenforceable, which will give you new possibilities. You would have to break away from Payplan, but that is probably a good idea in any case.

It is important to here to list ALL of the alleged debts, and their circumstances, such as whether they are under CCJ, when they were taken out, was there PPI on any of them which you might be able to reclaim, without this type of information it is impossible to make coherent suggestions.

sent off a SARS for one of them and all they did was take the £10 we paid for the SARS off the debt

In that case they have broken the law.

SH

EDIT – Apologies – this post crossed with post #12. If there are court ordered payments of around £31 a month, and you are paying £76, there is at least the possibility of saving £40 each month by investigating UE or other related possibilities. Don't give up just yet.

[ScabHunter]

Re: This is the problem

Oh, one other thing I should have mentioned – our Forum Administrator Niddy :niddy has contacts in the WC (Worst Crudit), so if they have been behaving extremely badly, as it appears as though they have been (stealing the statutory fee for SAR for a start), he may be able to assist you in resolving the situation.

It has happened before.

SH

[Spent2much]

Re: This is the problem

• 1st credit £1,284.70
• 1st credit £ 1,957
• 1st credit £1.460
• Barclays £ 2.242 (credit card)
• Barclays £940 (credit card)
• Cabot fin £1,217 (credit card) think
• Capquest£2,111 (catalogue)
• Capone £467 (credit card)
• Fairfax £5,178 charge on house
• HBOS £4,782 (credit card)
• HBOS £246 (overdraft)
• HBOS £248 (overdraft)
• HBOS £935 (overdraft)
• HBOS £1,755 (credit card)
• HBOS £520 (overdraft)
• IQor £644 (credit card)
• IQor £580 (can't remember)
• JD Wills £1,124 (catalogue)
• Lewis gr £715 ( ccj)
• Littlewoo £1,900 (catalogue)
• Lloydstsb£8,500 (credit card)
• LLoyds £3,070 (credit card)
• Moorcroft£800
• Moorcroft£520
• NCO £245 (orange mobile )

i added what the debts were for , some have changed hands a few times so i have forgotten what they were originally for how dumb is that

[MrsD]

Re: This is the problem

Spent

are all of these debts being paid out of the 76?
are some of them getting less that one pound per month?

[Never-In-Doubt]

Re: This is the problem

1st credit don't do ccj's. They go for SD's normally