Debt management pla...
 
Notifications
Clear all

Debt management plan

11 Posts
6 Users
0 Reactions
1,794 Views
(@ali212006)
Active Member
Joined: 13 years ago
Posts: 16
Topic starter  

My parents are entering into a debt management plan. It is primarily my dad's debt but he has a joint account with my mum which has an overdraft. the company CCCS are saying my mums debt has to be taken into account but they dont want to do this. Can they just include the joint account and nothing else?


   
Quote
Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi ali

I would have thought that entering DAS would have been a better option. DMP's have no legal backing as such, whereas DAS will freeze interest and take account of both parents debt.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Do they live in Scotland ali212006?

Not many circumstances in which a DMP seems the best bet if they do.

The following page explains how debt management plans in Scotland do not provide formal legal protection from creditors nor guarantee that interest and charges will stop:

https://www.trust-deed.co.uk/debt-management-plan.html

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@ali212006)
Active Member
Joined: 13 years ago
Posts: 16
Topic starter  

Thanks I am not sure if it maybe is a DAS they are doing I just assumed it was the same thing. They just don't want to include my mums accounts as she doesn't have much and is managing her stuff. Its just the joint account that they have an overdraft with. I was just wondering if they can include this without taking into consideration her other commitments. They both live in scotland ๐Ÿ™‚


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I'd think that would be fine. Your mum would remain fully personally responsible for the joint overdraft if she wasn't involved.

Debt management plans and the debt arrangement scheme are quite different; I'd suggest checking which is being proposed.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@ali212006)
Active Member
Joined: 13 years ago
Posts: 16
Topic starter  

That's great thanks for your advise. Ill read up and see what I can find out.


   
ReplyQuote
Chris Wardle
(@chris-wardle)
Estimable Member
Joined: 13 years ago
Posts: 249
 

Tend to agree with all other comments in relation to DAS v DMP in particular Mark's comments that:

a. DMP has no legal backbone to it & Interest may continue or be re-applied at any time.

b. Whereas DAS has the legal backing, in particular stopping any forms of diligence (court action) relating to the debts and also has the cessation of interest charges on the debts as a requirement.

Chris

Chris is not currently posting in the Trust-Deed.co.uk forum.


   
ReplyQuote
(@zonekarter)
New Member
Joined: 13 years ago
Posts: 3
 

Whether you've decided to share all your money in one joint account or have joint and separate accounts, the fact is that most couples do have some of their money in a joint account. What you need to decide between you is how you'll use the joint account, so that you can work out which bank or building society will give you the best deal for your circumstances.


   
ReplyQuote
(@ali212006)
Active Member
Joined: 13 years ago
Posts: 16
Topic starter  

Thanks for your responses I have doen some reading today and I will ask them exactly what my dad is trying to do. You see he has all the credit. All my mum has is her car in her own account. the company they have gone to have said that becasue they have a joint account they need to consider my mums accounts also which is something they wish to avoid.

thanks for your help ๐Ÿ˜€


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Consideration maybe, but it doesn't sound as though she should be compelled.

They may wish to cross-check the advice they have had with one or two more sources.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Does your dad have other debts with the bank with which they have the joint account? If so then the bank may insist that the overdraft is also repaid, meaning it may as well be included from the start.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
ReplyQuote
Share: