HELP - in a DMP but got Court papers today

[langtonhighway]

Hi,

 

After months of trying to communicate with creditors but they were ignoring my letters and offers to pay, I entered a DMP with Payplan. the plan is operational and making payments to all creditors, but only one has "accepted" the arrangements, the others are not, one has today issued a Court claim form.

 

Payplan seem very blase about this - unlike me - I entered this plan to prevent this sort of hassle.

 

I've CCA's the ones I think were incorrect, and in fact have heard nothing from one creditor for months now, but the others won't accept I'm doing my best to pay them

 

I've no idea how best to proceed, and the thought of going to Court terrifies me.

 

What can I do next?? thanks.

[alfwithhair]

Which creditor has issued the court papers?

What kind of debt is it, ie loan, credit card, overdraft ect.

What are the 'POC's' (particulars of claim) on the courts papers?

Who is the solicitor?

Are you making payment via payplan to this creditor?

[comebackjimmy]

subbing

[langtonhighway]

Howard Cohen issued papers on behalf of CL finance who have been assigned the credit card debt from G E Money.

 

The particulars are basically that we owe the money, we haven't paid, so they are claiming via the court.

 

Yes, I am paying them via payplan, on a pro rata basis with the other creditors, after having gone through an extremely comprehensive income/expenditure statment with payplan.

 

Payplan have given be a breakdown of what might happen, which seems to involve lots of Court attendances complete with fees and paperwork, following which they might send bailiffs or ask for charging orders or attachment of earnings.

 

And there was I thinking I'd been handling the debts responsibly by attempting to pay them off as best as I can afford.

 

By the way, over the past couple of years they have racked up the interest to where my monthly payments were barely covering the interest, and one creditor who has accepted my offer, the interest and charges are three times the amount I'm paying, so I can't see this ever ending.

 

Payplan mentioned an IVA, but I have equity in the house (which I obviously don't want to sell), so I thought I couldn't do that??

 

Thanks

[alfwithhair]

well if the creditor are still adding interest your payment are doing nothing to reduce the debt, so there is no paoint making payment through Payplan, so personally I would cancel the arrangement.

 

I would send CCA request to each creditor and see if their paperwork is sufficiently in order to even have the right to enforce the debt.

 

as for them saying

'they might send bailiffs or ask for charging orders or attachment of earnings'

 

this is not on. They are there supposedly to help debtors, not intimidate them, that is the job of the DCA.

 

There will be no bailiffs, charging orders or anything else into they have took the case to court and WON, even them you would have to default on the payment schedule ordered by the court.

 

how old are these debts?

what kind of debts are they?

 

As for the court claim, you have to acknowledge the claim.

Once you have done that we can go about requesting under Cival procedure the copies of the documents they intend to reply on in court.

 

Don't worry about the court thing it is no big deal, you are in good hands on here

Edited January 22, 2010 by alfwithhair

[supasnooper]

Howard Cohen issued papers on behalf of CL finance who have been assigned the credit card debt from G E Money.

 

The particulars are basically that we owe the money, we haven't paid, so they are claiming via the court.

 

Yes, I am paying them via payplan, on a pro rata basis with the other creditors, after having gone through an extremely comprehensive income/expenditure statment with payplan.

 

Payplan have given be a breakdown of what might happen, which seems to involve lots of Court attendances complete with fees and paperwork, following which they might send bailiffs or ask for charging orders or attachment of earnings.

 

And there was I thinking I'd been handling the debts responsibly by attempting to pay them off as best as I can afford.

 

By the way, over the past couple of years they have racked up the interest to where my monthly payments were barely covering the interest, and one creditor who has accepted my offer, the interest and charges are three times the amount I'm paying, so I can't see this ever ending.

 

Payplan mentioned an IVA, but I have equity in the house (which I obviously don't want to sell), so I thought I couldn't do that??

 

Thanks

 

Have you read this thread ? -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

Have you completed the Acknowledgment of service ?

[loobyloo85]

Hi

 

I am too with Payplan, and they usually complete the claim form for you on your behalf.This will involve completing an income and expenditure, offering a payment, and calling the creditor to suspend this action. If you are having problems, ask if anyone could guide you through it or complete it on your behalf.

 

Yes Payplan have an IVA company too. IVA, all of your assets will be protected, including your house. The creditors would just require you to remortgage in the 4th year of the IVA, and pay in your share of 85% loan to value of any equity you have. The IVA is a 5 year, legally binding agreement between you and your creditors, if you have enough surplus, it may be worth looking into, as I know Payplan are free of charge.

[The GodMother]

DONT SEND COURT PAPERS TO PAYPLAN THEY ADMITT THE DEBT AND YOU THEN HAVE TO PAY THE WHOLE DEBT AND FEES THEY REFUSE TO ACT IN ANYOTHER WAY ON YOUR BEHALF.

 

This is well documented on the forums.

[langtonhighway]

But I do admit the debt, I just want to be given time to pay - reduced payments - and they haven't accepted the pro rata amount. Who am I supposed to send the papers to?

[Surfer01]

Subbing as same problem with CCCs!

[The GodMother]

deal with it urself thats what every other CAGger does.

[Surfer01]

In my case because CCCs took so long to pay out after I paid them I got three charges added totally £44 so I now have more debt than when I started with them! Plonkers!

[nonnynonny]

deal with it urself thats what every other CAGger does.

 

 

Helpfull...

[lexi88]

Hi

I am a newbie on here I am on a DMP with Payplan since August 09 I have 2 debts with MBNA they accepted the payment plan and have been paid regularly since Aug 09 yet today I received 2 court claim forms (Northampton) the solicitors acting for MBNA are Restons. I received a letter from Restons 5th Jan 2010 requesting payment and financial statement I contacted Payplan who told me to send copy of the letter to them which I did the same day and they would deal with it. The date on the court forms is 22nd Jan and Payplan did not contact them until 25th Jan ? dont know if the delay has resulted in this legal action ?

[The GodMother]

Helpfull...

 

Not being funny but there has been advise offered and links to threads that need to be read.

 

Questions have been asked which have not been answered so before commenting maybe reading first.

[The GodMother]

Hi

I am a newbie on here I am on a DMP with Payplan since August 09 I have 2 debts with MBNA they accepted the payment plan and have been paid regularly since Aug 09 yet today I received 2 court claim forms (Northampton) the solicitors acting for MBNA are Restons. I received a letter from Restons 5th Jan 2010 requesting payment and financial statement I contacted Payplan who told me to send copy of the letter to them which I did the same day and they would deal with it. The date on the court forms is 22nd Jan and Payplan did not contact them until 25th Jan ? dont know if the delay has resulted in this legal action ?

 

 

I would advise you create your own thread and link it in to here.

 

I would also advise the court your defending the claim and CPR MBNA/Restons.

 

They are playing silly buggers and they know it.