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My husband and I have been in a DMP for the past 12 months, as we got into trouble with mounting credit card bills, now owing nearly £80 grand.

 

We thought everything was all sorted once we started paying DMC- Payplan, as they wrote to all creditors with offers and 90% accepted the offers.

 

With the exception of MBNA, they simply passed / sold the debt onto another company called Arrow Global Ltd, who wrote to tell us they had taken over the debt and wanted payment in full. We passed this info over to Payplan who in turn contacted Arrow, to inform them that they were dealing with our situation.

 

We have received 1 further letter from Arrow stating that as we had not answered any of their correspondence, they had no choice but to proceed with court action to recover the monies owed.

 

This letter once again was passed to Payplan, who told us not to worry as it was just a scare tactic, 2 weeks ago we received court paperwork (CCJ), stating that after determination we have to pay them £250 per month.

 

At present we pay Payplan all our spare cash per month a total of £550, Payplan have now stated that we can go for a RE Determination at the court, but we have no idea what this means, we have been told we will probably have to appear at the court to defend ourselves, but have no idea how or what to do.

 

We have been told that even after this appearance the court may still order that we pay £250, if this is so what is to stop all our other creditors from doing the same thing, as their payments will now be reduced each month to comply with the court ruling.

 

Having read many of the threads on this website with regards to un-enforcable agreements, the majority of our credit cards were taken out prior to 2007, but we have no idea how to find out if the qualify as unenforcable, what is it that we are supposed to look for, as writing off some of this debt would help us greatly,

 

I feel at the moment that it is inevitable that we are going to lose our home, even though selling it would not matter much as there is no equity in it as there is also a secured debt on it.

 

PLEASE PLEASE can someone help

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Payplan have a specialised legal team, so I would suggest you continue forwarding all correspondence onto them to deal with. They can complete a redetermination form on your behalf, or take you through it step by step. Your other creditors could do the same, but you have stated that they have accepted your offer. I am with Payplan and MBNA do not go along with many payment plans. They try to get you to do an arrangement with them directly, where they charge you interest. I would concentrate on making the accepted payment to Payplan as normal, who will distribute this to all of your creditors. If MBNA choose to still not go along with the plan or accept the payment, continue to make it - they will cash it in, and it will be taken off your total debt owed to them. You do right by contacting Payplan after each communication or problem with MBNA as they will be able to deal with them on your behalf.

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