Debt Relief Orders (DRO) - Information & help thread

Smart_Mart

I'm going to do a letter in the morning to them and see how it goes from there. I would have thought that mentioning the DRO might be like poking a wasps nest, i.e. it would make them speed up the committal proceedings / breaking in side of things but that probably shows my ignorance. What gives me hope is that he didn't show any interest in coming in, he just seemed to take my word that there is no assets worth anything in my house. My best hope is to negotiate a payment, any payment, for the period that I am waiting for my DRO and then get it done quickly, hoping that the OR doesn't see it as creditor preferral.

I'll be blooming glad when this is all over....:eek:

debt_doctor

Bailiffs collecting council tax can NEVER break in UNLESS they have previously gained peaceful entry.

You should offer the bailiff an afordable amount (£3.25 pw upwards), and if they dont want it then pay it direct to the council - they cannot refuse you money towards a statutory debt.

If the bailiffs cannot collect then they will return the warrant to the council who will then consider commital proceedings - but if you are paying what you can afford and have filled in the statutory means test form then you wont be going anywhere !



DD

immoral_angeluk

debt_doctor wrote: »

Bailiffs collecting council tax can NEVER break in UNLESS they have previously gained peaceful entry.

You should offer the bailiff an afordable amount (£3.25 pw upwards), and if they dont want it then pay it direct to the council - they cannot refuse you money towards a statutory debt.

If the bailiffs cannot collect then they will return the warrant to the council who will then consider commital proceedings - but if you are paying what you can afford and have filled in the statutory means test form then you wont be going anywhere !



DD

Thanks for clearing that up DD, I got them confused with Magistrates court bailiffs.

lookingforthelight

Hi,

Sorry if this has already been asked.

My OH (married to me) has a credit card for £12,000 and only works part time with not enough income to pay the minimum, (so basically I pay it).
She has no other assets except that we have a joint mortgage.

If I get her name removed from the mortgage and house deeds would she then be eligible for a DRO? Once DRO complete and everything clean I can put her name back onto the mort & house (or maybe just the house).

I feel a bit daft as I'm sure others would have thought of this and its probably not possible.

Thanks

fatbelly

lookingforthelight wrote: »

If I get her name removed from the mortgage and house deeds would she then be eligible for a DRO? Once DRO complete and everything clean I can put her name back onto the mort & house (or maybe just the house).

One of the questions on the online form is about 'disposing of property for less than its true value in the past two years'.

It's not a good idea, sorry.

sarah1773

This forum is a wealth of information and help to me, thanks so much.

I do have another query that has been niggling at me if anyone can help -

I have a small debt with Provident around £60 left to pay, I have included it with my paperwork which I sent off for the DRO. An agent calls around weekly to my parents house (as I have just moved in there after separating from my husband). My parents have offered to pay this loan off as a gift to me to help as it is quite a small amount compared to the rest of my debts (and they are not too keen on an agent calling around weekly!) However I am reluctant for them to do this because
1. I have another loan with Vanquis who are apparently the same company - would they find out and say I obviously have over £50 surplus a month if I have paid off Provident? (Even though it was my parents money)
2. You are not supposed to prefer one creditor above another, which is surely what I will be doing?

I have contacted the company who are dealing with my DRO and they said just to remove Provident from the DRO application when I actually apply and to give them the new figures. As much as I would love to get rid of one debt, I am still uneasy about it as I do not want there to be any reason for my DRO to be rejected and would love any clarification from anyone??

immoral_angeluk

lookingforthelight wrote: »

Hi,

Sorry if this has already been asked.

My OH (married to me) has a credit card for £12,000 and only works part time with not enough income to pay the minimum, (so basically I pay it).
She has no other assets except that we have a joint mortgage.

If I get her name removed from the mortgage and house deeds would she then be eligible for a DRO? Once DRO complete and everything clean I can put her name back onto the mort & house (or maybe just the house).

I feel a bit daft as I'm sure others would have thought of this and its probably not possible.

Thanks

You aren't allowed to do that. If you did the insolvency service would be able to get it changed back and either revoke the DRO, or they would give you a Debt Relief Restrictions Order. They would probably just revoke the DRO as you are not allowed to have a mortgage with a DRO and you would've lost your £90.

immoral_angeluk

sarah1773 wrote: »

This forum is a wealth of information and help to me, thanks so much.

I do have another query that has been niggling at me if anyone can help -

I have a small debt with Provident around £60 left to pay, I have included it with my paperwork which I sent off for the DRO. An agent calls around weekly to my parents house (as I have just moved in there after separating from my husband). My parents have offered to pay this loan off as a gift to me to help as it is quite a small amount compared to the rest of my debts (and they are not too keen on an agent calling around weekly!) However I am reluctant for them to do this because
1. I have another loan with Vanquis who are apparently the same company - would they find out and say I obviously have over £50 surplus a month if I have paid off Provident? (Even though it was my parents money)
2. You are not supposed to prefer one creditor above another, which is surely what I will be doing?

I have contacted the company who are dealing with my DRO and they said just to remove Provident from the DRO application when I actually apply and to give them the new figures. As much as I would love to get rid of one debt, I am still uneasy about it as I do not want there to be any reason for my DRO to be rejected and would love any clarification from anyone??

Who are you doing your DRO through? Technically yes you are preferring one creditor over another, the fair way you should do it would be to take the money from your parents and spread it evenly between all creditors pro rata.
If it is already included in your DRO write to provident's head office and tell them to stop sending the provident collector round.
Have vanquis been included in the DRO? How far away are you from it going through?

25.lindsay

Just wanted to say I filed for my DRO with CAB today, paid my £90 and wait for what happens next. eeek.

sarah1773

immoral_angeluk wrote: »

Who are you doing your DRO through? Technically yes you are preferring one creditor over another, the fair way you should do it would be to take the money from your parents and spread it evenly between all creditors pro rata.
If it is already included in your DRO write to provident's head office and tell them to stop sending the provident collector round.
Have vanquis been included in the DRO? How far away are you from it going through?

Through CCCS. At the moment all creditors are getting £1 token payment a month. Yes Vanquis are included in the DRO. I have been waiting 11 weeks so far, I rang CCCS the other day and it should only be another 3 weeks to wait (I hope). I do think it would be unfair to pay Provident over the others, I don't think I will take my parents offer. Perhaps use the money towards the £90 fee instead! Apparently, I can pay Provident by debit card or cheque so I could do this instead of an agent coming round?
Thanks