What do I do now....CCJ?

[Andrew Graveson]

Hello David,

I understand that the advice you received stating that a DMP wasn't appropriate for you came from my company, Bright Oak, rather than from a member of Melanie's team.

It clearly wouldn't be right to go into detail about your personal circumstances (on a public website without your prior permission) but having reviewed our file I do feel you have been given advice that is very much in your best interests.

Sadly there are many companies within our industry that will prioritise profit-making over providing advice that is in the best interests of a client. I will not allow Bright Oak to participate in that sales-orientated malpractice and I'm pleased to see confirmation that my team are working with the same values.

I understand that a number of other possibile ways of managing your current concerns were presented to you by my colleague (of which bankrupty was just one) and that some information on one other possibility was sent through to you. If you'd like to run through those options again we'd be pleased to help in any way that we can. The person with whom you spoke (and myself) will be in the office until 7pm today and we'd welcome your call on how these options might work for you.

[Adam Davies]

Hi
Nice to see such good practice Andrew.
No point anyone going into a DMP when it is clearly unaffordable or non viable.
A credit to you and Bright Oak
Regards

[David Mond]

I am confused as to who was giving what advice and when. This has obviously caused the poster (David Brown) some consternation. Why did David Brown say he spoke to some one at Phillip Gill & Co and then Brightoak pop up and say they were giving the advice?

I am sure that Melanie's firm and Andrew's firm have both given appropriate advice and maybe it is not what David Brown wants to hear. Confusing though!

[DAVID BROWN]

Hi David. I contacted Phillip Gill & Co in the hope that I could get an IVA to solve my problems. It turned out that I cannot afford an IVA so they passed me on to Bright Oak to see if I could go onto a DMP for a while. Then hopefully, if my situation improved, I could try for an IVA in 6 months time. But when they looked at my outgoings/incomings it seems I cannot afford go onto a DMP either. December was the first time in my life that I have missed payments. I went to Citizens Advice before I had missed any payments (knowing that I would be soon), they said once I stopped payments that they would write to all my creditors to offer them payments of £1 or £5 a month. Because of the timing at Xmas, i decided to write to them myself to show that I'm willing to pay what I can to them. I haven't heard from all of them yet. Alliance & Leicester said they would not accept £5 a month and that they would be passing it onto a debt collection agency. I told them I had contacted CAB. They said they would wait a week to hear from them. I e-mailed The lady I spoke to at CAB but haven't heard back yet. I'm off work tomorrow so I will try and ring them. I suppose they will now act as my IP. I think its inevitable that I will end up with a CCJ.

[flumpy dog]

DB. sorry youre having all this stress at the moment. please dont get totally disheartened yet-easy for me to say This really is an excellent forum where we try and help each other the best we can. hopefully an expert will read this thread again and offer you some more advice. Try not to panick yet-there is always another avenue. good luck and please keep posting !

[MelanieGiles]

Not confusing at all David - in fact quite simple if you read Andrew's post. I am not going to go into the details of this person's case on an internet forum, suffice to say that neither an IVA, nor a DMP were deemed to be appropriate.

[DAVID BROWN]

Thanks fergiedoggy. All i can do now is see what happens next. Is a CCJ that bad a thing, it seems the creditors and myself would have to abide by the judgment. It would stop them hassling me wouldn't it?

[DAVID BROWN]

Hi Melanie, thanks for your interest. I was given good advice by your people. Maybe I am in too much trouble to be on this forum, I can't afford an IVA or a DMP. I'm waking up at 4-5am every day thinking about this. If my creditors won't accept my token payment offers what happens next?

[MelanieGiles]

David

Don't worry about being on the forum - the forum is here to help you, but it is not appropriate for me to discuss details of your specific case, or justify the advice that my firm or other companies made to other unrelated parties.

Whilst the forum is called iva.co.uk, it is not exclusive to queries about IVAs only. The experts, and the other posters, as very happy to help you with all sorts of queries, and you should carry on using it for as long as you need to. We will be here for you.

If the creditors do not accept your token payment, then you do have other options which have been discussed with you, but I am not prepared to discuss these on a public site. You can contact either Andrew or myself again, and we will be more than happy to speak to you directly. Given that this is now really starting to affect you, I would get those offer letters and payments out to creditors as soon as you can.

You may also like to look at www.debthelpcharity, which is an excellent website and gives you the opportunity to put together your own offer to creditors on a free of charge basis.

[Andrew Graveson]

Hi David,

Just to echo Melanie's words please don't hesitate to contact us directly if you'd like to further talk things through. In particular we can share some insight based on previous experience about how things can develop if token payments are rejected by creditors.

I'm glad to see that David Mond was the only person confused as to who was providing advice and about what.

[flumpy dog]

DB never say you are too much trouble-there is room for us all !
please stop sitting there on your own hun-call somebody and keep posting we are here for you have a good day !

[kallis3]

I agree with Melanie and Fergie - all are welcome on this site, doesn't matter what their debt problems are. We are all here to give advice and support where we can.

You can come on anytime even if it's only for a good moan!

[DAVID BROWN]

if i was to apply for BR and had negative equity, would i still keep my flat?

[flumpy dog]

hi DB.
i wouldnt like to comment since i am a novice in this field. i cant confirm the particulars but under certain circumstances a relative can purchase the property from you if you did BR for a token amount. wait for a pro-their info is superior to mine and they can direct you further there is a couple on now-kal (jan) is around.
hope you had a better day today !

[kallis3]

I think if it is negative equity that you would be able to keep it. I'm not sure if someone has to buy the beneficial interest in it in those circumstances.

One of the professional experts will come on with more information soon.