This is the problem

[Spent2much]

Re: This is the problem

i think its a case of once bitten twice shy lol

[swanfan]

Re: This is the problem

Yep, agree with FP there. Wait and see what comes through the post, no point stressing what may happen.

[Spent2much]

Re: This is the problem

Before anyone can apply for a charging order they would have to obtain a CCJ, they can't just obtain a charging order without going to court first and getting a judge to rule in their favour. The UE process here is designed to avoid getting to that stage in the first place.

We also have a preferred solicitor who could help should things get to this stage.

Payplan is funded by the financial sector, is it any wonder they would assist a creditor secure an unsecured loan?

when eversheds got the charging order they went straight for a forthwith and the ccj and charge were both together the debt never became a ccj then a charge they did them together

how much does the preffered solicitor charge because as you know we are broke ?

[ScabHunter]

Re: This is the problem

are there template letters to defend charging orders on here then ? if so we could have done with one when eversheds got theirs on our property , all payplan did was assist eversheds to get the charge they never even tried to defend it with us, they told us what to tick on the court papers and that was it , oh they attached a letter asking it not be allowed as it was a joint property.

Payplan's attitude can be gleaned perfectly by looking at the page on their website which deals with County Court Judgments.

It says, and I quote - “When you receive this form it's vital to act quickly - you only have 14 days to reply. It will involve filling in an Income and Expenditure Form and making an offer of payment.”

Nowhere on the page does it even mention the possibility of submitting a defence. I will repeat that – Nowhere on the page does it even mention the possibility of submitting a defence.

Does that sound like an organisation which has the best interests of the consumer at heart?

Avoid – Avoid – AVOID

SH

[Pixie]

Re: This is the problem

There's no point muddying the waters by thinking about another DMP, especially when it's possible that many of the debts are UE.

I'd get the cca requests sent off and then we know for certain where things stand.

The creditors can't apply for a SD on your house if the debt is UE though they may threaten it. As with a lot of dca threats, it's all hot air to see if you will cave in.

Yes, the dcas may well start hassling you but, with the support of this forum, you will get through that and even start to laugh at their silly letters with big scary red capital letters. As you've found out, the threats lessen after the initial flurry, especially when they realise that you're fighting back. They then move on to easier targets.

So please stop worrying about something which may never happen and go and buy some POs!

[Spent2much]

Re: This is the problem

are there template letters to defend charging orders on here then ? if so we could have done with one when eversheds got theirs on our property , all payplan did was assist eversheds to get the charge they never even tried to defend it with us, they told us what to tick on the court papers and that was it , oh they attached a letter asking it not be allowed as it was a joint property.

[Spent2much]

Re: This is the problem

To recap, it doesn't hurt to start by sending CCA requests to everyone except those who've got CCJs/charge and the mobile phone debt not covered by the CCA.

If the debts are UE there's no point in paying them through another DMP, entering into an IVA, etc. Just let them go Statute Barred with a little letter tennis. Should any turn out to be enforceable then they could still be blagged for a while.

Let's wait for the CCAs to come back and for Niddy to look at them, he'll be able to suggest a course of action when that happens.

No point in speculating without knowing whether all those useless DCAs will even turn up anything of substance.

Time to relax, forget about debts and have a good night's sleep!

we have had all the threats from the dca the moment they bought the debts at first it was scary and we felt intimidated, but as time went on the threats just went over our heads , our attitudes became 'yeah yeah ' and we carried on with life, but once they shut up and left us alone which they have for a few years we thought the dmp was the best way forward to keep them off our backs. I can't help being scared of them still as to the fact they may go for charges on the house even though its now in negative equity and to sell it would be pointless it needs new windows in the front and the back door is wooden and has a pain of glass missing from when the burglers broke in , it needs new electrics and the heating system needs updating but all these things have to stay as they are because of lack of money .

[Spent2much]

Re: This is the problem

also if in an IVA it has been said that no charging order can be obtained, this might help some people.

we don't have enough money for an IVA and there is already a charge on the house

[The Tech Clerk]

Re: This is the problem

also if in an IVA it has been said that no charging order can be obtained, this might help some people.

[Spent2much]

Re: This is the problem

OK, just one more thought before I go to bed.

What we have here is a case where business income has plummeted to the extent that a £225 a month payment to a DMP has had to be reduced to £76, and this reduction is still not enough to allow for basic living expenses to be met.

Now, the family vehicle has effectively become a write-off due to clutch failure, and there is obviously no money available to repair it, leaving the family without transportation. Depending on the type of business being run, this could negatively impact it further.

There are also health issues which the OP outlined in the first post of the thread.

I notice in the “Financial Hardship Templates” section of the main site, there are not any actual templates there. Instead, there is mention of a FREE Debt Management Company (DMC), and the statement –

“Financial Hardship claims are best coming from a professional DMC as they can utilise the trigger figures and other resources implemented by the government to alleviate undue pressure and we actively encourage this route, generally by referral to our dedicated DMP specialist that offers free help to our forum users.”

So, my question is, would it not be better to switch everything from Payplan to this other DMP first, and try for alleged debt write off due to severe financial hardship accompanied by health conditions, before thinking about the possibility of the UE route?

Obviously, this needs answering by one of the “blue mob” or “green mob” on this forum who actually know what they are doing, but I just thought I'd ask the question.

SH

thank you for taking the time to reply i appreciate this so much, i would be willing to switch dmp and try for the debts to be written off, if anything is possible .
we are walking to work as the car is now knackered but we have been doing this for months now to save on petrol .

[ScabHunter]

Re: This is the problem

OK, just one more thought before I go to bed.

What we have here is a case where business income has plummeted to the extent that a £225 a month payment to a DMP has had to be reduced to £76, and this reduction is still not enough to allow for basic living expenses to be met.

Now, the family vehicle has effectively become a write-off due to clutch failure, and there is obviously no money available to repair it, leaving the family without transportation. Depending on the type of business being run, this could negatively impact it further.

There are also health issues which the OP outlined in the first post of the thread.

I notice in the “Financial Hardship Templates” section of the main site, there are not any actual templates there. Instead, there is mention of a FREE Debt Management Company (DMC), and the statement –

“Financial Hardship claims are best coming from a professional DMC as they can utilise the trigger figures and other resources implemented by the government to alleviate undue pressure and we actively encourage this route, generally by referral to our dedicated DMP specialist that offers free help to our forum users.”

So, my question is, would it not be better to switch everything from Payplan to this other DMP first, and try for alleged debt write off due to severe financial hardship accompanied by health conditions, before thinking about the possibility of the UE route?

Obviously, this needs answering by one of the “blue mob” or “green mob” on this forum who actually know what they are doing, but I just thought I'd ask the question.

SH

[jon1965]

Re: This is the problem

Sorry FP yet again you have to dig me out of the poo.
What I was trying to say is that if the debt is not UE it is a bit trickier to get it SB'd .
With some nifty footwork it can be done though

[Spent2much]

Re: This is the problem

Your mortgage is a priority and you should carry on paying your CCJs but you can do that without Payplan.

See this regarding O/Ds --->Overdrafts - CCA Information - allaboutFORUMS
They don't need to be with a DCA, send a CCA to CrapOne. The Orange debt won't fall under the CCA as it's a service not a credit agreement, even when sold to a DCA.
Yes, there is a guarantee: 6 years after the last payment or acknowledgment they WILL BE Statute Barred, regardless of whether they were UE or not to start with. Some people have been blagging enforceable debts for years, not all creditors know the difference between enforceable and UE, especially the DCAs

the orange debt needs to paid then ?

[The Tech Clerk]

Re: This is the problem

some people have stated that if charging order on one partner, then if house is sold the Charging Order which a company got on one of the partners get told weeks after the sale, and in most cases the sale proceeds have been extinguished i.e. another property bought etc, so there is light at the end of the situation for a jointly owned property.

Google charging orders and investigate this subject.

[Spent2much]

Re: This is the problem

Not sure if a SAR will get what is needed, i.e copies of DN's.
Being someone on a very limited income I would not do it purely because I could not afford it.

Spent how many debts do you have?

If it was me I would send out new cca requests. When I did it I had 23 to send out and while some came back enforceable, some came back UE, two have told me that they do not have the originals but sent a recon, two told me they did not have it at all and would not be chasing and some haven't replied

You will never know until you try
Also you say you suffer a bit with stress and anxiety, well believe me, being able to tell a DCA to go forth and multiply is such a great feeling, you no longer feel you have to jump to their tune

we have 24 debts one is a charge secured on the house so that cant be cca sent and a ccj so cant send that a cca . Yes i do suffer anxiety and stress and i felt great today when niddy said that 1st credit cca was probably UE

if some come back enforceable do we start paying them once again?