I;m calling them on Monday cos they're not open over the weekend unfortunately

yeah they've been great so far told what to do and even what to say on the phone to creditors helped us with our income and expenditure too

we were thinking about changing it to an IVA with them aswell but cos you can't do a joint one dh would then have an iva and i would have my own dmp

Call your Payplan advisor and see what is going on.

Payplan is a debt managememt company that is paid for by the credit industry. It does not charge the client fees. The CAB recommends their clients use payplan as an means of paying off their debts in a mutually beneficial way. Quite often creditors will suspend intrest payments.

No I don't work for them before you ask.

thanks, that's what we'll do then!

we have a list of creditors and the amount being paid to them so that sounds straight forward

we are with Just a Bank too which tells us the dates of the payments and how much in total has been paid to each creditor

I will be complaining about her

None of that sounds right to me (again I am prepared to be corrected) they may not regard a management plan as an expense but they will take into account payments to pay off debts, therefore - when you get you paperwork - you just list the debts and the amounts you are paying to them rather than payplan IYSWIM so

CTax debt repayment £20pm
Electric debt repayment £2pm
Carloan debt repayment £200pm

rather than

Payplan £222pm

Payplan will provide a list of the debts and the amounts being paid to each (you should already have one though).

I don't think you can "agree" to have a CCJ, it has to go through a court regardless and a charge is for extreme cases where defaults have been regular and the company have worked with you to try to get the money repaid at some length.

It really does sound, to me, like they are trying to bully you into this. It is great that you are talking to CAB about it. Once this is all over I would be seriously tempted to put in a complaint about them, if you have the energy!

thanks yeah she said we could phone the court to explain about the dmp, so if they won't swap the court we might have to do that

I really want to go into detail about how we were scammed into the windows in the first place

I think they do all get done out of Northampton on all the CCJs I have seen. You could certainly ring the court and ask the court for it to be transferred.

From what you are saying the creditor is clearly going to ask for a sum that they know you will not be able to afford. That seems unfair and something I would want to challenge. Even if you cannot go. I would ask if you can send a letter to the judge and relay what has been said to you and what you have offered and the fact that this one creditor has refused to enter into a sensible agreement and the amount be being asked for is designed to force you into a situation where they can then request a Charging Order.

I know we were going to go until we found out where it was it would mean us both losing a days pay and £150 on the train though

Could the court be changed to one nearer here do you think?

Do go to court if you can. If you do not there wil be a summary judgment. If you go then you can present your side of the story. The creditor gets a much easier ride and gets what they want if the debtor does not turn up.

I know many repossessions, for example, go through on the nod just because so many people do not go and present their story to the judge.

thanks everyone, 3girls we aren't paying Payplan anything it is free

DH has phoned the debt company and asked her to explain to him what she was saying as we were sure they couldn't do this and she has said that they would take us to court to obtain a CCJ which like you say take into account your current expenses and set repayments, she however said that the court would not view the debt management plan as an expense so they would view the cash we use to pay that as an expense, and therefore the payments they set us would be very high

She then went on to say that when we default on the exceedingly high payments that they would then either obtain a charge on the house or a forthwith judgement

She said we have the choice to agree to a CCJ and a charge on the house (just to ensure we pay them) or to just a CCJ but they would set the payments so high and then they would obtain a forth with judgement and that would be worse

She said to seek advice and that we didn't have to attend court (and wouldn't be able to as it's in Northampton and we are in Leeds) and we had to send paperwork in

I'm going to CAB on wednesday as it's only open two afternoons a week here hopefully they will confirm what you have all said

Just to add further to whats been said - please get some independent advice on your situation. Payplan are not impartial obviously, since they take a fee. Bankruptcy would definitely not mean losing your house as it is your family home - this is only sometimes considered where there is a large amount of equity in the property.
From what youve said, have you considered an IVA ? ( Individual Voluntary Arrangement ) This would need to be set up by an Insolvency Practitioner (Accountancy firms usually) but would mean your creditors agreeing to receive only a percentage of what you owe them; therefore reducing your debt & time taken to repay it. It is more formal than a DMP but not as serious as Bankruptcy. Not sure how acceptable it would be with a DMP in place but might be an option worth exploring.
Good luck with it all & please get some advice from the CAB specialist debt advisor or similar.