I have debts - and Payplan said I could still face court action - anyone have any experience here?

Question

I spoke with Payplan as I'm unable at this time to pay my debts..it's the interest that is the killer. I am scared one of the credit card companies will write to my employer or pass the debt off to a shark. Does anyone have experience of dealing with Payplan or a similar co, because i have to make a decision now. Payplan say not to wory, to send correspondence to them, and deal with letters / calls promptly. But I feel so scared. Has anyone been through this, coped, and survived? Appreciate your thoughts please.

Big thx to the CAB people who wrote me an answer - I would love to talk to you guys but I can never, and I mean never get through to CAB on the phone!! I feel bad that the bank who gave me an overdraft will now have to be paid back piecemeal, but hope I can sort it. I have moved my mortgage date to the date after I am paid...I should have done it ages ago!! Many thanks and keep answering if yo ucan think of anything else...otherwise I will let Payplan handle it - they seem genuine enough. Boy I had some chest pains this morning!!

Okay - I want to ensure that no bailiffs come, that I can keep my home and keep creditors from taking me to court. Three things then - should I call the creditors in any case, regardless of what Payplan do? I will ask CAB to see me, I have a day off work next week. What a shame to get in such a mess!

Oh - if payplan are not approved this is tricky. Boy is this difficult. Would anyone else deal with payplan or say a definite no to them? I just want this sorted. By the way the amount is £23k (yikes). I will call the NDL before I do any more though - thanks!!

Answer 1

Been through and still going through a tough time with debt since dec 05. I orginally went through payplan but in the end went to the citizens advice bureau.
First things first write letters to your creditors advising them of your current situation and an offer amount of what can pay back per month on your debts. This is probably the hardest part because its a waiting game, waiting for your creditors to respond. Whilst your waiting for responses, it may be a good idea to send cheques or make new monthly payments as to what your offering as it may take months for a company to respond and at least your showing willing.
With reagrds an attachment of earnings, this can happen but only if the creditors have gone to court, a judge has ascertained an amount you need to pay and you default on what the judge has asked in regards to payment. If this happens then and only then can either baliffs be called in or an attachment of earnings is applied for.

You will get standard letters reagrding court appearances but as long as you don't ignore the letters and you are trying to do something about it, then it won't happen. Another thing you'll get threatened with is baliffs. They cannot enter your property with regards to debts that are classed as secondary debts (unsecured loans, credit cards, catalogues etc) but they are allowed to be called for council tax arrears, court fines, tv licence debt. So make sure you keep up to date with rent/mortgage and your utilities.
It isn't a nice thing at all to be going through but there is a light at the end of the tunnel. You need to persavere and remain strong. I would without a shadow of doubt contact your local CAB and see a mony advisor. They are brilliant and will do for you a budget and help you work out how much to pay each month and to who. One of things they may discuss with you depending upon if you own your own home and how much debt you have it may be worth considering bankruptcy?

I sincerely wish you all the best because its not a nice thing to be going through but there are people out there who are willing to help. Don't be embarrassed abut it either, there's nothing to be ashamed of, trust me, it helps to talk about it.
Good Luck xx

Answer 2

An iva does not run for 15 years it is for 5 and after that any remaining debt will be written off. Payplan will confirm this. An Iva is not a light decision to take but works very well for some people including myself. The company fees are included as said in the monthly payment which is decided by your disposable income and at the end the rest is gone. In an iva you can obtain no credit unless allowed by your insolvency practioner. (though you shouldnt want it) You are protected from creditors they cannot contact you once agreed and interest is stopped.If you have property with equity in it you could remortgage and offer a full and final iva this is a one off payment and the creditors vote and if agree that is the end of it . If not enough equity then you may be asked to release some in the fourth year of the iva. Hope this helps a bit, but consider all options. A lot depends on how much debt less than 15000 an iva not the best thing ,a debt management plan would be better, and there is of course bankrupcy if it wont affect your job and you have no property.

All the best

Answer 3

The credit card companies cant write to your employer. They cant speak to anyone who isnt you, without your consent, about your debts. The people they pass the debts on to will be debt collectors who are all legal and above board. Payplan will arrange for you to pay a little to each of your creditors every month, and they will do all the paperwork. It wont cost you anything either. If theres an arrangement in place and you stick to it, your creditors are less likely to take court action, but legally speaking anyone you owe money to can take court action if you default. You can do this yourself, but doing it through payplan is easier. They already have a good reputation with creditors and they can also get the interest frozen in a lot of cases. Do as they ask you, I promise it isnt anything to be scared of. Even though its a scary situation, they will help sort it out.

Answer 4

Hi. OK first things first they the loan companies should not divulge anything to your boss that would breach the data protection act.

Do you own your own home? If you don't it may well be an idea to consider going bankrupt.

If you do own your own home, payplan or similar will try to work out an IVA (look it up),which will in a nutshell agree to repay a proportion on the monies owed by you to your creditors PROVIDING a majority of them agree to this.

The company organising the IVA (payplan) will cream off a proportion of the monies owed by you to the creditors for their services, thus your creditors may get back 20p in the pound for every £1 you owe them, (although you may for instance pay 30p in the pound back) better than nothing; although you will find that a lot of them will try to force you into bankruptcy to get more back ( this is presupposing that you have any assets IE a house to sell - they are simply very greedy).

If you have to try for an IVA go for the least possible time span of repayments they will come back with silly terms like 15 yrs, tell them where to go on that one, or you will be paying forever and will be more likely to default.

Whatever you do do something, don't ignore it but try other IVA companies if you will; you may find a better deal, just do it sooner rather than later, lastly bankruptcy is not ideal by any means, however if it is really getting on top of you it may be something, as I said before to consider.

Good luck.

Answer 5

If I were you I whould return to the CAB and ask for further help

Just what are Payplan playing at , I thought the idea of such a company was to get the people you owe to accept payments and stop the interest , after all you are paying for there services

Answer 6

Please do not commit to any solution before talking to an adviser from the national debt debt line telephone number
0808 808 8000 there are many solutions one of which is an IVA.
My daughter owed over 40K
and we have sorted out payment plans had interest frozen ect with the help of a debt management company ring the above number never use a debt management company that is not FSA approved
I note that payplan are not approved Do not anyone bully you into having their scheme ring the national debt line they were a great help to us

Answer 7

These credit card companies use scare tactics to try to get money off you. even if it goes to court all you have to do is be willing to pay as much as you can reasonably afford.
Ive had advice from payplan before - i wrote to all my creditors and enclosed a detailed sumary of where my money goes each month. most were fine and stopped the interest & lowered payments. others didint reply at all.
2 years later and no court action, no sharks, and minimal letters.
try not to worry - coz they will try to scare you just in case you arent genuine.
good luck x

Answer 8

The best way to deal with debtors is to make an offer of payment it does not matter our small it is £1 to start of with would be sufficient at this time and moment. All they wish to have is payment or that you are doing something about it. They may refuse, but at least you are making an offer of pay ment to them.Which will stand up in court, and they will not go down that route due to costs for them. Make an offer of £1 per month to begin with to as many debtors that you owe. But then stick with the payments, They will ask you then to re think the amount per month. I have been through this and is still on going, let them do the running and not you do the worrying. But you must speak to them to clarify your way to clear the debt/s even it's £1 pm for each debt owed. Ring them now...!!!

Answer 9

I'm in Scotland, I took out a Scottish Bond, cleared my debts in 60 months and haven't looked back.
The only debts that could take me to court were TV license and Student Loan.
Had a quick look at Pay Plan on the net and I believe they are a private company? I assume they don't charge you?
If that's the case just follow their instructions and pass their phone number [they should have given you a reference number] onto any telephone or physical callers
If the CC company phone your work they can only ask to speak to you. If that is a problem and they phone ask them never to call your work again, if they phone a second time, speak to you local Trading Standards who will call them in your presence and will remind them of their legal responsibilities....... They'll never phone again!
So, there's light at the end of the tunnel, hope like me you learn not to make the same mistake again, good luck

Answer 10

ATTENTION - unless you have a CONFIRMED APPOINTMENT, most CAB's have a strict 'first come first served' rota system for seeing clients ...

TURN UP 15 to 30 mins BEFORE THEY OPEN and be one of the first dozen or so AT THE DOOR....

Often ONLY those people queueing when they open will be seen during that day.

Igf you take a 'ticket' and go away, when your 'ticket' is called, if you are not their they will drop you to the end of the queue.