Hello there. As you have stated that you have paid more than one third you have two options. Please, please do not consider gettign a secured loan - you don't need to. As part of the court process you can either: a) Ask the court to consider allowing you to keep the car by paying the regular monthly instalment plus a little extra, this process is known as 'suspending the return of goods order' b) Allow you to pay a lower instalment for a period of time - usually at some point in the fture you would need to revert back to the original instalment amount although we have come across instances where the court have allowed the lower instalment to be paid indefinately. This process is known as a 'time order'. Please be aware a court is only likely to grant a time order if it is 'just' to do so - e.g. if it is reasonable. We have a couple of fact sheets that you might find useful here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=16_hire_purchase_debt and http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06_time_orders Best wishes, National Debtline.

Hello there, You should inform them of the backdated payment. The DRO unit will regard the backdated benefit as "income" and spread it over the period of time to which it relates. So if the backdate covers a couple of months, the amount you receive should be divided up amongst that time. If your income increases above the maximum £50 per month for this time it could revoke the DRO. If you would like a financial statement to fill in to work out what your situation is likely to be there isa good one on our website: http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#5 Best wishes, National Debtline.

Hello Blackeyed. Firstly, all of your debts - including the Payday loans - should be included within your DMP; this way you are treating all of your creditors fairly. As payday loan companies can use your debt card try try and take money out of your bank account you should contact all the lenders instructing them that you wish to remove the 'continuous payment authority' which gives them the right to do this. You should also be able to contact your bank to remove the authority - although some banks are a little slow in acknowledging that this is possible. It very much is possible, it's written in law and confirmed by the Financial Servcies Authority. Better still, you could always consider moving banks to someone else; ensure that you choose a bank completely independent from all creditors; this is called a safe account. How much do you pay for your DMP? Can you afford the payment each month? When you spoken to the firm who set it up did the advise you on all of the options available to you? You may wish to complete our online budget sheet at mymoneysteps.org to double-check. You may wish to know about an option known as a Debt Relief Order. These can stop creditors from putting pressure on you very quicky, also the debt would be written-off after 12 months. They are a formal option and there are implications attached. There is also a strict criteria that you would have to meet in order to apply. They can, however, allow you to make a fresh start and concentrate on your studies; here's our fact sheet: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=37_debt_relief_orders Best wishes, National Debtline.

Hello Estane Hope you found our service useful. Keep us updated with any further developments. Best wishes, National Debtline

Hello there. In addition to the information already given it's important to note that the 6 year time limit would run from when the creditor could first bring legal action to recover the money against you; this is known as a 'cause of action'. With credit agreements the cause of action would run from when the account 'defaults' as per the terms and conditions of contract. This is likely to be a few months after the final payment was made in 2004 (unless it defaulted previously). If there has been a clear six year gap without payment and acknowledgement the debt would become statute barred unless the creditor has successfully brought legal action against you to recover the debt, from the information provided this is unlikely to have happened. Even if the £10 payment was legitimate it seems that there would have been a six year gap anyway, once a debt is statute barred it always will be [s29(7) Limitation Act 1980] - this point has been highlighted within the previous posts. If the alledged payment is within the 6 year period the creditor would need to be able to prove that the payment was made by yourself, any other person liable for the debt - or an agent acting on your behalf. They cannot simply say that there has been a payment, they have to prove that, on the balance of probabilities, that it has been made. Hope you find this information useful, National Debtline.

Hello there. We've a wealth of information availbale online to help you chose the most effective route forward. You may wish to consider taking a look at our assisted self-help advice system 'My Money Steps' https://www.mymoneysteps.org We've also just launched the all-new version of our self-help pack 'Dealing with your debts', you can download it here: http://www.nationaldebtline.co.uk/england_wales/pdf/self-help-pack/self-help-pack-full.pdf Really hope you find it all useful, National Debtline

Hello there. How much is the best for? Charing orders are quite a common method of enforcement for judgment creditors as it allows them security of knowing that they are likely to ge ttheir money back at some point in the future. Sadly, they are difficult to prevent and the vast majority of charging orders will become 'final' at the hearing. Although charging orders are commonplace it is uncommon for a judgment creditor to succeed with an order for sale - and you can give yourself some protection by asking the court to apply conditions to the charge at the hearing - such as no further action on the charge on the proviso that you pay an affordable instalment each month. If you wish to try and prevent the charging order you should contact both the court and the creditor with your objections, this should be at least 7 days prior to the hearing date. For further information in relation to charging orders and the process we've a great fact sheet here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court Hope you find this information useful, Best wishes, National Debtline.

Hello again, he should consider making pro-rata payments to all creditors, this way he is being fair and reasonable to all - as such they are more likely to accept his offers. Hope this makes sense! Best wishes, National Debtline.

Hello Tracey. Your husband's offer of payment should be based upon what is realistically affordable for him. Creditors will periodically ask for a review of the payments, this often happens when a new collector takes over. MH have no further powers than what NRAM would have had. Your husband might wish to take a look at our online debt advice tool, My Money Steps. It can help him calculate a personal budget and work out if £30 is still a reasonable offer to make. You can find the system here: http://www.mymoneysteps.org We have also just launched the latest version of our Dealing with your debts self-help pack, you can grab it here: http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#4 In the meantime he should continue to pay the £30. SO is certainly the best way to make the payment as he would have full control. How much is outstanding, and does he have other debts? Thanks and best wishes, National Debtline.

Hello there. If there is an outstanding court order (known as a summary warrant) you may be able to apply to the court to pay via instalments, this can stop the sheriff officers: http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=06_time_to_pay_directions_and_orders If you have other debts too you could consider using the Debt Arrangement Scheme: http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=22_debt_arrangement_scheme For general council tax advice here is our council tax fact sheet: http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=03_recovery_of_council_tax We hope you find these useful! National Debtline.

Hello there. You may be interested in downloading our self-help pack, Dealng with your debts. It has a wealth of really useful information: http://www.nationaldebtline.co.uk/scotland/pdf/self_help_pack/full_pack.pdf We also have a money advice tool, My Money Steps, which can provide tailored help and support via the web: http://www.mymoneysteps.org We hope you find them useful! National Debtline.

Hello there. The usual rules for set aside are that a) an application needs to be made 'promptly' b) you need a realistic prospect of success. and there should be a legal argument which can be considered at the hearing. If the claim form was sent to your last known address it is likely to have been served correctly, the court may not agree to a set aside. If the claim form was served at the wrong address, and this can be proven, you should be granted a set aside as a matter of right. Simply not acknowledging the debt may not wash with the courts, they'll need to know a legal reason as to why you don't owe the money. We have a fact sheet covering the basics, you can find it here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court Hope this helps, National Debtline.

Hello there, sorry for the time taken to get back to you. Do you know how much was borrowed when you took the loan originally?

Hello there. Do you know if you have been sent an arrears notice or a default notice? You could consider making an application for a Time Order; we've more information here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06_time_orders Our hire-purchase fact sheet can be found here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=16_hire_purchase_debt Best wishes, National Debtline.

Hello there. As far as we're aware there are not any special rules relating to home improvements. Moving wouldn't affect the limitation period. The five years would run from when they first sent you the demand for payment. Hope this helps.

Hello there. It is highly unlikely that a creditor would make you bankrupt if you have no assets, the reason is that the creditor may not recoup their costs. They are more likely to consider using the county court judgment route. For further information on replying to a court claim we have written the following fact sheet: http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#3 If a creditor does obtain a court judgment further enforcement is unlikely so long as you stick to the payments on an instalment order, this should be set at an affordable level. We appreciate that the cost of a bankruptcy application is very high, there are charities and trust funds that might be able to help - although they are becoming more and more few and far between. http://www.turn2us.org.uk is a good site with a database of organisations that might be able to help you. You may also want to take a look at our My Money Steps system, this is a good way of finding out what all of your options are: http://www.mymoneysteps.org Best wishes, National Debtline.

Hello there, You'll need to amend your self-managed DMP to include these Payday loan firms also. When you contact the Payday lenders be sure to instruct them that you remove their 'continuous payment authority' as this should prevent them from having the right to take money directly from a debit card. You may find greater peace of mind by switching your current account to someone new, this is known as having a 'safe' account. We're really gald that you've found our materials useful, if you ever need any further help and support feel free to drop us a line. You may also be interested in checking out our new online money advice system, My Money Steps: http://www.mymoneysteps.org Best wishes, National Debtline.

Hello there, There are plenty of debt-repayment options out there to help you with your situation, some of which have already been mentioned by some of the other folks that have replied to you. To get a clear idea of what options might be relevant given your situation you might wish to take a look at our My Money Steps system as it can provide you with tailored advice: http://www.mymoneysteps.org If the car finance is hire-purhcase you will need to stick to the full payment to prevent the car from being repossessed. We've a great fact sheet here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=16_hire_purchase_debt You should look to open a brand new bank account, one with an organisation that isn't linked to any of your existing creditors - this will ensure that your money is safeguarded. The old overdraft should be treated as a creditor along with your other credit cards and loans. For further reading we have a self-help guide, you can find it here: http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#4 We hope you find this information useful! National Debtline.

Hello ibis. You'll often find that it's the non-priority creditors that seem to badger you the most for payment. Demanding payment via letters and telephone calls is really the main thing that they can do at this stage, They can get quite persistent! If you haven't already done so please consider completing a financial statement - as this will allow you to work out exactly what you need to cover your essential outgoings and then show you what you might have left for your credit debts. We have an online system, My Money Steps, which can help you work out a budget and also make suggestions as to the best route forwards. You can find the system here: http://www.mymoneysteps.org Debt Relief Orders are a very popular option, we have a team of intemediaries that can help you set one up. You can also seek assistane via places such as the CAB and other debt advice charities. Here's our fact sheet: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=37_debt_relief_orders As far as Credit Management Consultants are concerned, they have no further powers to do anything than MBNA had originally. Best wishes, National Debtline.

Hello Mayfield. Whilst you're trying to negotiate your full & final settlements you could try and negoatite affordable payments and to arrange to try and have the interest and charges frozen. You can find out more via our self-help guide Dealing with your debts - http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#4 For quick, free, tailored advice you may wish to try our My Money Steps system: mymoneysteps.org You can also cal land speak with one of our advisers, for free, on 0808 808 4000. It can often take a few attempts to convince a creditor to accept a full & final settlement, be sure to stick to your guns and ask your creditors to reconsider your offers. If you do decide to make a request under the consumer credit act you may find that your creditors could be more receptive to a full & final settlement if there are issues with any paperwork. A little more info is available via the following fact sheets: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=39_getting_information_about_your_credit_agreement Best wishes, National Debtline.

Hello there. Should you decide upon an IVA please be aware that it is highly likely that there will be an equity clause. This means that would look need to try and remortgage towards the end of the IVA to release some of the properties equity to be distributed amongst the creditors. If a remortgage is successful you will have to pay a higher mortgage instalment going forward. If a remortgage isn't possible the IVA is likely to be extended by a further year. As others have already mentioned you need to be sure that you'll be able to meet the instalments, an IVA is a binding arrangement and can be tricky to modify should your circumstances change. Here is our fact sheet with a little further information: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=26_individual_voluntary_arrangements Best wishes, National Debtline.

Hello there. We're quite keen to learn more about the inhibition. You mention that you never had any correspondence, have you ever had notification from the sheriff court? There would need to be a court decree for payment. If the inhibition was obtained before 1st April 2008 it is technically possible to have a decree granted without a decree if the creditor beleived that you were about to dispose of the property. This process is quite rare. As Dx suggests checking your credit file could be a good move, you may also wish to check the register of Inhibitions and Adjudications at the Land Registry Offices in Edinburgh: http://www.ros.gov.uk/fees/information_fees.html Is it possible to seek clarification on when you last made a payment? Best wishes, National Debtline.

Hello there, do you know how much the property is worth and more specifically what the amount of equity is (if any). The situation regarding the property is highly dependant on this figure. What follows is general information regarding how a property should be treated; it is a complex area and you may wish to seek further specialist advice: If your ex-partner's interest is estimated at less than £1,000, the case should be reviewed after two years and three months. The official receiver has discretion to consider selling the their interest for a nominal value earlier than the review point in certain cases where there are disability, caring respnsibility and age related issues. • If your partner's interest is estimated at between £1,000 and £5,000, the official receiver should consider writing to both you and your ex to invite an offer to buy the interest. Any offer should clearly be in the interests of creditors to accept. If no offer is made, or an offer is made but not accepted, action may be taken to deal with the interest at any time within the three year limit. In this case, action may be taken before two years and three months have passed. • If their interest is estimated at more than £5,000, the official receiver should consider contacting the bankrupt and any joint owners to invite an offer to buy the interest. Offers that are accepted should be in the best interests of creditors. If an offer is not made, or an offer is made but not accepted, the official reciever should consider seeking the appointment of an insolvency practitioner to act us trustee in bankruptcy. In this case, the property can be dealt with at any time within the three year limit. Reviewing the value of the interest • Where an insolvency practitioner has not been appointed and the official receiver is the trustee, there is a review process which begins two years and three months after the bankruptcy order was made, unless action has already been taken to deal with the property. • Upon review, where your ex's interest is valued at less than £1,000, it will pass back to them. • Where the interest is valued at £1,000 or more, your ex should be written to and given the opportunity to buy the interest back. • If no reasonable offer is made and the interest is worth between £1,000 and £5,000, the official receiver should apply for a charging order. • If no reasonable offer is made and the interest is worth £5,000 or more, the official receiver should consider the appointment of an insolvency practitioner to deal with the property. This could lead to an order for sale and / or possession order being made. A further opportunity should be given to buy back the interest before an insolvency practitioner is appointed. If two or three insolvency practitioners refuse to take on the case, the official receiver should apply for a charging order. Applying for a charging order • Any charging order applied for will usually be for the amount of your ex's interest in the property. • If the sale of the interest in a property might be prejudicial to the situation of others with an interest in the property (e.g. you), the official receiver can consider applying for a charging order instead of an order for sale or possession order. • If a charging order is made, the case should be reviewed at least every three years to enable the official receiver to decide whether there is enough equity to justify referring the case to an insolvency practitioner in order to take action to enforce the charging order.

Good afternoon Wintry, sorry for taking a while to get back to you. We've just had this back from Barclaycard: Barclaycard Collections: “Barclaycard consider offers that are based on the CFS. Whilst an offer may be based on the CFS the offer in itself may not be sufficient to be placed on a formal repayment plan if it is below the level set in internal policies. In such cases we would simply ask customers to pay the amount they can afford, whilst also advising them of the potential next steps”. I hope this answers your question! Best wishes and have a great Easter!

Hello Jam_Buttie, A DRO (Debt Relief Order) is a formal insolvency option. If she enters in to one she will not be able to keep any forms of credit, the accounts should be closed down. If the Capital One and Vanquis cards were paid preferentially this could impact the viability of the DRO as there is a risk that your mother-in-law could be asked to enter into a Debt Relief Order Restriction Undertaking/Order - the follow text is taken off our fact sheet: Debt relief restrictions orders If the official receiver finds that you have not been honest and open about your finances either before or during the DRO, or they decide that you have behaved irresponsibly, they may ask you to agree to a ‘debt relief restrictions undertaking’. If you refuse, they may apply to the court for a ‘debt relief restrictions order’. This means that you will still have certain restrictions on you for between 2 and 15 years after the date of the DRO. Your details will also be kept on the Individual Insolvency Register for the lifetime of the order plus an extra three months. There is some further, more in-depth info here: http://www.i-m-a.org.uk/pdfs/preferences-and-antecedent-transactions-guidance.pdf It would be important for her to discuss her situation with a money adviser prior to making any final decisions.