can an unsecured debt be made to secured sorry confused

[whichwitchisthis]

due to hard times at the mo we are doing a debt management plan with payplan

years ago we got a loan through Weatherseal for 4 windows for £2500 we have been paying this for 5 years (/) and have actually paid for the windows but are now paying the interest (this is fine) the offer payplan has given them is £14 a month for 10 years this has been worked out on our income and expenditure

we have had a call today from a debt collection agency saying that if we do not pay the full outstanding amount (£2400) they will take us to court and have it secured on our house......we can not afford to do this obv

Can they do this I thought it was an unsecured debt because it was not secured on the house.....surely they cannot then get the court to secure it upon the house and what would this mean

Thanks in advance

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.

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

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, 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

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.

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