Debt Relief Orders (DRO) - Information & help thread

Smart_Mart

RobertoMoir wrote: »

Well if the bailiff hasn't been inside the house they can't legally have seized goods that were inside the house just by viewing them through a door or window (open or shut). End of discussion, no matter what they say. Proving who did what if it turns into a "he said, she said" kinda thing is another matter of course.

I think there's an exception to this rule, but it doesn't apply here so I won't confuse matters by discussing it.

If you're paying the debt anyway then it's up to you if it's worth making an issue out of - they've almost certainly charged you illegal fees based on this, at the very least the levy fee if not some extra stuff too. If you choose to complain, I'd start with the council, and make it clear that you're not asking them "is it true that this is wrong" but rather that you *know* it is wrong, and are complaining to them about the illegal actions of their agents, whose behaviour you are holding the council responsible for. If that gets you nowhere with the council tax recovery department itself, then go via your local councillor.

Thanks once again, Roberto, much appreciated. :T

I will admit to cringing when I read that letter I sent the bailiffs that said "apparently" - it's hardly being firm with them, is it? :eek:

I'll send a letter tomorrow regarding what you have suggested and let you know the outcome. The levy fee is £25 so even if they knock that off, it will be something though I intend to pay the bill, just at a rate I can afford without living off scraps for two months.

immoral_angeluk

fieryleo1984 wrote: »

morning everyone, im still panicking about being refused a DRO! I keep thinking that they are going to look at my statements at all the reckless spending and say tough you got only yourself to blame!
I keep thinking the inheritance will be one of the reasons why I wont be allowed as I used it to live off even when on a DMP as well as paying for full and final settlements. I have used some of the money to pay my DMP for the last 9 months while on Maternity leave, stuff for my baby and moving house...

I wish i hadnt been so silly.:eek:
Em x

By reckless spending what do you mean? Knowingly living above your means?
Worst that would happen I'd imagine would be you'd get a Debt relief restrictions order..
It's rare for them to revoke DROs and even then it's usually for some reason such as undeclared assets, creditors arguing as the debt is higher than stated and takes them over the 15k etc..

RobertoMoir

Hi Smart Mart - make sure you send the letter to the council (and escalate to the councillor), not the bailiffs. They will just continue to lie to you. Whoever you send the letter to, you do need to be firm without sounding awkward - you want to come across as someone who is trying to sort out a problem that has already happened, not cause a new one, if you see what I mean. Aim for a tone that says you are very well aware of your rights, and that these haven't been respected properly, and you're just letting them know that you are aware.

By all means let them know that you've been taking advice from a former certificated bailiff, if you think that will help.

Smart_Mart

Thanks, I will do and cheers for allowing me to mention your advice. I just need to remember to put "certificated" and not "certified"....:beer::D

fieryleo1984

Hmm reckless spending, probably living beyond means Ie after everything is paid i have £9 left ( on maternity leave) so then i will go and use my savings (the last of the inheritance) to buy sophie things, i buy 2nd hand but things like car seats are recommended buying brand new. I havent been reckless as in gone and got drunk every night or bought a new car etc. I go back to work in two months and still cant fit into my old clothes so i have to keep buying leggings etc. the money will run out in two months and once i go to work I will only have £40 to offer the creditors and no back up spends anymore:(.

Emx

fatbelly

fatbelly wrote: »

Having £500 in an account doesn't neccessarily mean that you have assets exceeding £300.

So if it includes money that will be paid out for rent or essential items before your next income payment then it is not an asset.

And don't forget, your £90 has to come from somewhere...

The preferential treatment of one creditor 2.5 years ago shouldn't matter as the question is about preferential treatment in the past two years.

Fieryleo - this was my last post to you I think.

You are looking for problems and worrying unneccessarily.

There's not a lot of research done on DROs - the £90 fee does not buy much time from the Official Receiver and most of the process is automated. So if you meet the criteria of assets <£300, surplus income <50 pcm, and debts < 15k, then just go for it!

RobertoMoir

Smart_Mart wrote: »

Thanks, I will do and cheers for allowing me to mention your advice. I just need to remember to put "certificated" and not "certified"....:beer::D

I can find plenty people who could tell you the description would be just as accurate either way.

fieryleo1984

thanks again! Will stop stressing out about it and speak to CCCS. Emx

mumof1and1ontheway

What are the rules re contract phones and dro's? I should have my dro go through sometime in the next month. Would it be worth applying for a contract phone for the allowance I have been given for my mobile so that I get more for my money or is that seen as a bad thing because its a contract? Sorry if its a really dumb question.

SouthCoast

Reckless spending.

This is a bankruptcy restriction [STRIKE]order[/STRIKE] undertaking, but guess that a DRO would be similar:

http://www.insolvency.gov.uk/databases/ddirector/viewbrobrudetailsmore.asp?courtnumber=07520232008