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Setting Up a DMP with CCJ's


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Hi

 

Ive been in serious debt for the last 3 years since losing my job during the credit crunch and although I'm now working again my income has been slashed and been unable to pay my debts. I had gone down the road of sending my creditors the cca letter and finding out which ones were unenforceable but to be honest after nearly 3 years, Im no further forward and have ended up with 2 CCJ's now (1 has a charging order on my property.) I have no PPI to reclaim but I know there are charges of which I'm going to fight to get back.

 

As I said above I have 2 CCJ's, 1 of which I got today and have 28 days to pay the amount. I had a Tomlin order on the account with HFC and was paying £30 per month through Restons Solictors but in September I fell ill and didn't get sick pay. Most if my illness has been brought on by stress of this. I wrote to the creditors and made token payments of £1 and explaining the situation for both of these 2 accounts. Same creditor and same solictor for each of the accounts. The other HFC loan they got a charging order on my property last year.

 

There is also a 3rd account with a Tomlin Order for £80 per month for a Northern Rock unsecured loan being dealt with by Wallers Solictiors that I'm paying and again had to write to them for last month and paid a token payment. I haven't heard anything back yet.

 

The rest of the accounts aren't getting a penny at the moment and being passed around DCA's with letters galore coming through the door.

 

Im sick of burying my head in the sand over all of my debts and trying to get out of them as its causing great stress and concern every day when the postman turns up and isn't doing my health any good.

 

I want to do a DMP as don't want to go down IVA, bankruptcy or debt relief order as own my property with about 20k equity in it.

 

I have around £100-£110 per month disposable income that I can afford to pay and have done a list of all my creditors and an IE list too.

 

Was going to send them the following letter for payments on each of the accounts

 

 

I am writing to inform you that I have sought advice and assistance regarding my current financial difficulties from CCCS. I am now asking you to accept a reduced monthly paymentand freeze all interest and charges on the account.

 

It is clear from the advice from CCCS that I can only afford to pay unsecured creditors at total of £xxx. As I must treat all creditors fairly I have divided this amount between you all on a pro-rata basis. My offer to you is £xx.xx

 

I would be grateful if you could confirm your acceptance of my offer within 20 working days of this letter. However, should you feel unable for any reason not to accept it; I will make a goodwill payment of £1.00 on the 1st of each month, or the first working day thereafter.

 

 

I would also ask if you would please ensure that all future communication be inwriting for the avoidance of doubt. This serves to protect both of us from the possibility of any misunderstanding. The last thing I would want is any Breakdown in our hitherto good relationship.

 

I look forward to receiving a positive response from you.

 

 

 

Yours

 

 

 

 

along with my IE sheet and list of creditors of which I will be putting lender 1, lender 2 etc.

 

Credit Card 1 - £4651 which is 13.59% of total borrowing so my offer would be 13.59% of disposable income. So I would offer £12.53 PCM

Bank Loan 1 - £8,600 which is 25.13% of total borrowing so my offer would be 25.13% of disposable income. So I would offer £23.17 PCM

etc etc

 

Are the accounts with the 2 CCJ's and the one with the tomlin order any different, are they likely to accept a lower amount?

Should I send them through the court or the claimant?

 

Any advice would be appreciated.

 

Thanks

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I think you need to get back to the courts who issued the Tomlin orders and ask for a re-hearing, they need to know your circumstances have worsened (you can do the same with the charging order). If you contact the court they might have somebody who can explain the process to you. I personally would not have thought that two Tomlin orders and a charging order were fair treatment of essentially non-secured lending. I can't give any other advice on this.

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the charging order was for a debt through HFC where I went for non production of a cca so therfore unenforceable. They produced the original documnet in court and I lost. They got the CCJ and then went for a charging order on the property which they got.

 

The first tomlin order was a case with NR that I was defending on a default notice not giving enough time to remedy the default. Basically I lost my bottle after the first case and decided to sign the tomlin order at £80pcm

 

The 3rd case again on the default notice and signed the tomlin order at £30 per month.

 

The 3rd case is again with HFC and Restons have just got a CCJ on me this week because I defaulted on the tomlin order even though I missed one payment and I had wrote to HFC to advise of me being ill and having no sick pay and I still made a £1 token payment. I have 28 days to pay or set up a installment order.

 

Im fearing further lenders taking me to court and want to get everything within my budget each month to save me further stress and becoming more ill.

 

So I should contact the court to discuss my next move of paying within a budget?

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