www.iva.co.uk

We recently received a CCJ for 6k from Link Financial. It was determined we pay £250 a month for this. We paid the £35 each for the variation order(and told Link we were doing this) ,yet this morning we have had an N30 demanding the full amount.
We expected a hearing we would attend.
Is this because our variation forms can't have been processed, or that they have been rejected? We have continued to pay the amount of £50 through Payplan, so we have not ignored the problem, yet this has come as a shock.
I was so optimistic this year, and it looks like we are going to possibly have a worse year to come.
Can anyone divulge any info they have on CCJ procedures at all?
Thanks

I presume you are in a DMP?

You need to speak to Payplan and inform them of this CCJ and the demand and get them to sort it out for you.

I spoke to payplan initially abouth the fact we couldn't pay the 250, and they advised us to get the variation order put in, which we did. They said we would have to go to court and represent ourselves as would Link have to represent themselves. Then then just told us to wait for the court hearing date. Obviously being saturday, no one is open, so I'm just trying to get some reassurace that we can get out of this without becoming bankrupt. I am only guessing the variation order has not been looked at, and it is simply because we could not pay the first instalment as required, despite speaking to the court, Payplan and Link. From what everyone has told me about CCJ's this doesn't make sense.

Hi

do you have a property?

I have had some clients with Link Financial and my experience to date is that their admin process is not the sharpest.

Even when having a CCJ overturned at the local court the court officers grinned when they saw it was with Link. They obviously have a reputation.

If however you have missed a 250 payment then in theory you have broken the terms of the agreement - even though you have spoken to everyone.

The theory is that with a CCJ in place the creditor is in a stronger position as they can proceed to look at attachment of earnings, charging orders etc etc etc .

Have you are are you looking at an IVA? In an IVA you do have protection from creditors and it is possibly worth a look.

How much debt do you have?

An IVA wouldn't work as it would mean Northern Rock getting more than we are already paying them and they won't secure the 30k on our house as it is in negative equity. We owe another 38k on unsecured loans - 6 to Link. We sought all advice we could on trying to get a lower payment, and yet, it doesn't seem to have worked. As I said we haven't ignored it, we did as advised. If we end up going bankrupt I lose my job for a start. I can't understand how when we took all the right advice steps, this has happened. If we couldn't afford the 250 a month, how the hell are we gonna pay 6k immediately.
I tried killing myself through depression years ago and that seems a good option now.

Oh and Link wrote stating they will still be applying 20% interest.

oliversbar, please don't think like that, your life is too precious and far more important than any debt. Keep posting, we're all here for you.

I think that Northern Rock might relook at your case, as they have recently changed some of the criteria which had previously caused them to reject cases. It might be worth getting an IP to take a look at your case just to see if you would now qualify.

I just won't be able to live with the shame of telling my family, having nowhere to live, no job, or as stupid as having to give up my dog. Every other creditor has been helping, yet Link told me straight away they would take us to court, and reject any offer of payment. They also asked me to consider a consolidation loan of all things. We haven't even been able to put our case forward. The stress has caused my epilepsy to get worse. I just cannot see a way out right now.

I can't help you with Link Financial or your CCJ, but I wanted to say please don't think about killing yourself. There is help out there for you, and no amount of money is worth more than your life.

The experts on here are great, so please don't give up. Please contact Melanie - she has a good success rate with Northern Rock and will give you the best advice possible xxx

Melanie, after just reading your comments, you had previously said an IVA wouldn't be appropriate as we now pay Northern Rock 187 a month for the 30k of the together package we took on. They would be the main creditor and we are not behind with Northern Rock at all in payments. In theory Northen Rock would get more in an IVA.

As I said earlier, they have recently amended their criteria and it may be worth looking at again. Our advice as IPs is only as good as that which is available to us at the time I am afraid, and if creditors change their minds this can alter whether things will be acceptable to them or not.

Sorry. I just can't see us getting approved for an IVA. It would be great, but at the same throw just seems unlikely. I can't understand the mentality of a creditor who has the information you can't pay, yet is looking to leave no option than bankruptcy, which seems ridiculous as surely as they'll end up with hardly anything - particularly as we have probably lost 20k since buying our house leaving us up the creek with that. We take responsibility to our debts, and want to repay them and I know they have their rights, it's just I'm so scared of being on the streets.

hi oliver-have just read your post. i am not a forum expert just another person who got herself in a debt mess. what i would like to say is money is useful and can cause untold problems-as i have discovered.
what is very worrying is the way you are talking. the others are right No amount of debt is worth ending your life for. i have just come from being in a dark place so i can totally empathise how youre feeling. you have found us and we will try and help you as
best we can. what harm will it hurt to contact an ip ? melanie is fantastic and has an amazing ability of making things seem brighter.youve nothing to lose with a phonecall.
we all really care how youre feeling and would like you to keep posting when youre feeling like this. you are amongst friends.

Oliversbar, please don't give up hope. You are bound to be depressed, but killing yourself is not the answer.

There is a solution out there. Give Melanies office a ring, she and her team come highly recomended and they will advise as to the best way forward.

As to bankruptcy, if your house is in negative equity, there is a good chance you wouldn't lose it. At least then you could start all over again with a clean sheet.

Please do ring someone though.