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  • A long road

    I have agreed to help my sister with her debts so we have sat down this week with all the paperwork she has.

    She has been in a DMP for a number of years and currently has around 10 debts left.

    They mostly look like credit cards, loans, bank overdrafts. She has had some health issues coming out of work, hence the debts. She had a transplant last year so now is in a frame of mind to get things sorted.

    She missed a few payments on her DMP when unwell and quickly received what looked like the start of a moneyclaimonline from Judge &Priestley from a PRA debt which has already been sold on many times. She claims she started the DMP back up with Stepchange and they advised her to write to J&P, not contact Northampton court, agreeing she would carry on with the payments of around £30pm. The debt is around £2500 and PRA have added a couple of hundred on in legal fees from this letter. The letter looked like a photocopy to me and something did not look quite right with it.

    Anyway, I have helped her apply for her credit files from all 3 agencies for both her and her husband. We also sent the template letter requesting CCA on all of the debts with a £1 postal order, no signature.

    My thoughts were to CCA all the debts once we know what is on her files, see which have defaulted and what dates as she said some have defaulted more than once which I did not believe they could do??

    Once we know which are enforcable we could look at offering full and finals when she has saved up some money as to be honest some are for such small amounts and she has been hounded day and night for a few years, to the point she has unplugged her home phone, she did not know these calls could be stopped with a letter.

    I just wished she would have opened up to me years ago as she has been so poorly on dialysis and these idiots have made her life hell.

    So can I confirm does my plan sound ok? I would like to keep a diary here to log progress if that's ok?

    One thing I was not sure of is she has been with Stepchange for a number of years, it looks like around £14k has been paid and around £11k to go, all debts have stopped interest. Should she carry on paying stepchange for now? I thought that once we were clearer on which debts had the correct paperwork I could help with a self managed DMP as although Stepchange are very good they seem to be very regimented about paying creditors fairly. She mentioned about paying some of the smaller debts off with help from myself and they said that was not allowed and the to carry on with the plan.

    I have waffled enough Once the credit files come back in a few days I will list the debts, dates etc in the format you have listed so it is much more clear.

    Thanks for reading

    xxxxx

  • #2
    Re: A long road

    Hi and welcome to AAD, could your sister join as it may be easier to deal directly with her. Have you read here http://forums.all-about-debt.co.uk/s...-Read-me-First! as it explains the process/format for starting the diary in an understandable format.

    I only ever had a self managed DMP, which I managed for many years, that way all the money went to the creditors. The first thing to establish is whether or not any of theses debts are enforceable and what action she should or would like to take. She also needs to check if a CCJ was awarded against her by Judge and Priestly.

    Once you start entering information you will receive guidance on how to proceed. Tell your sister not to make any payments until she has received the CCAs and checked back here.

    There are various free template letters that can be accessed here http://forums.all-about-debt.co.uk/s...mplate-Letters, however if you sign up to our subscription based AAD+ there are many additional letters.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Re: A long road

      Many thanks Cymruambyth. My sister is quite happy with me posting and I have her blessing, I think she is just overwhelmed with it all especially with her health.

      As I said the photocopy from J&P looked a little odd although it did say she could log on to moneyclaimonline and quoted a ref number. Would it be wise for me to log onto this? I had a quick look and it said you had to register with .gov gateway account. She said that she received the form at the beginning of November. She replied by letter as advised by Stepchange agreeing she would carry on the agreed payments and she has had no more correspondence. Is it likely should would still get a CCJ?

      Hopefully it should be clearer once we received the credit files back.

      Thanks again

      xxx

      Comment


      • #4
        Re: A long road

        Hello Missymoo and a massive warm to you on behalf of your sister. She's lucky to have you looking out for her.

        It won't take long for us to knock this situation into shape.

        May I ask whether the PRA MCOL claim resulted in a CCJ or whether we still have time to sort this (is the claim stayed?)

        Plan B x

        Comment


        • #5
          Re: A long road

          Hi PlanB

          I am not sure on very much regarding the moneyclaimonline. All I have seen is the photocopy of the Northampton claim that J&P sent through, she wrote a letter to them as advised by Stepchange agreeing to carry on with the payments on her DMP as she had only missed around 3, she has received nothing since, this was in November so with Christmas I don't know how far it has gone, when I see her credit files next week hopefully it will state if they have managed to get a CCJ or not? I really do not know how they work so J&P may have help off as they are now receiving their £30 per month again like they have for the past few year.

          Thanks again

          xxx

          Comment


          • #6
            Re: A long road

            Originally posted by missymoo View Post
            I am not sure on very much regarding the moneyclaimonline. All I have seen is the photocopy of the Northampton claim that J&P sent through, she wrote a letter to them as advised by Stepchange agreeing to carry on with the payments on her DMP as she had only missed around 3, she has received nothing since, this was in November so with Christmas I don't know how far it has gone, when I see her credit files next week hopefully it will state if they have managed to get a CCJ or not? I really do not know how they work so J&P may have help off as they are now receiving their £30 per month again like they have for the past few year.
            Over my dead body will PRA/J&P get a penny more out of your sister for an ex-MBNA (just guessing) debt which has been sold on to them via all sorts (Varde?).

            I do hope we're not too late to step in on this one.

            Plan B x

            Comment


            • #7
              Re: A long road

              Originally posted by missymoo View Post
              I think she is just overwhelmed with it all especially with her health.
              May I ask whether your sister is in receipt of any benefits due to her health issues (DLA or ESA) ?

              May I also ask whether she owns her own home?

              Plan B x

              Comment


              • #8
                Re: A long road

                Hi Plan B

                Yes it is an old MBNA debt and has been sold in to all the usual suspects around 4/5 times.

                She is in receipt of DLA and ESA and owns her own house with her husband and children.

                It all came tumbling down when she had to come out of work to have her kidneys removed and start dialysis, they have hounded her throughout the day when she has been trying to sleep to recover. This has been going on for over 5 years.

                Do you know whether I should register on the moneyclaim site and log in with the ref no. provided or not? I will be able to check her files in a few days also.

                As I said, I sent off around 10 cca request letters a couple of days ago so started the ball rolling.

                Thanks for your help.

                Comment


                • #9
                  Re: A long road

                  Hi & Welcome to AAD

                  What date is shown as issue date on the claim form copy you have?

                  Thanks.
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: A long road

                    Originally posted by missymoo View Post
                    All I have seen is the photocopy of the Northampton claim that J&P sent through, she wrote a letter to them as advised by Stepchange agreeing to carry on with the payments on her DMP as she had only missed around 3, she has received nothing since, this was in November so with Christmas I don't know how far it has gone
                    Can you email a copy of the photocopy of the Northampton claim which you've seen to PlanB@all-about-debt.co.uk with a copy to webmaster@all-about-debt.co.uk. please.

                    Plan B x

                    Comment


                    • #11
                      Re: A long road

                      It's dated 30th November.

                      Thanks

                      Xxx

                      Comment


                      • #12
                        Re: A long road

                        I will get it in the morning and send it across.

                        Thanks again for your help.

                        Xx

                        Comment


                        • #13
                          Re: A long road

                          Ok, just managed to get a clear photo so emailed the paperwork across as requested.

                          Many thanks

                          Xxx

                          Comment


                          • #14
                            Re: A long road

                            Due to the date I'm guessing it's Default Judgment (no defence filed). We'll be back tomorrow - sit tight
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #15
                              Re: A long road

                              Originally posted by missymoo View Post
                              emailed the paperwork across as requested.
                              Unless your sister filed the Acknowledgement of Service admitting the claim she may be able to file a late Defence.

                              If a Default Judgement was obtained against her then she would have been sent a copy of the CCJ through the post a week later.

                              Call the court on Monday morning to check the status of this claim.

                              (My email reply to you has bounced back.)

                              Plan B x

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