Debt Relief Orders (DRO) - Information & help thread

maroon_jelly

Hello,

I applied for a DRO 2 months ago today with National Debt Line and received a call from them today to get it rolling. Part way through the phone interview they asked about pensions, so I said I wasn't sure if my employer and started a pension for me. After callin around I finally found out my employer did start a pension a few years ago.

I've never paid into it myself but my employers contributions came to just over £500... So I can't get a DRO . I've never paid a penny into it and im only 22 so dont have acces to it for another 43yrs but its stopped my DRO.

Im absolutly gutted. Feels like I have no one to talk to because its not something you really want to mention to friends and family.

Iv been waiting 2 months and have been holding off creditors, who have all been charging interest and late fees.

SimIsOnTheUp

normalnigel wrote: »

Hi thanks for that-

to answer your HB question -I dont think its a fraud code?? dont remember any mention of that. Never got interviewed?
I appealed via a tribunal over the repayment decision but lost so have to repay. Genuine mistake.....by them:mad:
My only real concern with the DRO process is that the OR can deem "reckless" activity as a reason to refuse DRO.

So therfore, in the case of my HB overpayment - I didnt notice the overpayment (small amount over time) The law states its my duty to basically montior this amount and I didnt so its MY FAULT?:eek:
Right or wrong, I feel that because the tribunal found me liable the OR may deem this as a "reckless" debt....so no party.???

I think your best course of action, would be firstly, to contact your Council, and find out, exactly what happened / how the HB Overpayment was coded.

Then, secondly, I would make an appointment with the CAB. They'll be able to help put your mind at rest.

Good Luck,

Sim.

SimIsOnTheUp

maroon_jelly wrote: »

Hello,

I applied for a DRO 2 months ago today with National Debt Line and received a call from them today to get it rolling. Part way through the phone interview they asked about pensions, so I said I wasn't sure if my employer and started a pension for me. After callin around I finally found out my employer did start a pension a few years ago.

I've never paid into it myself but my employers conbributions came to just over £500... So I can't get a DRO . I've never paid a penny into it and im only 22 so dont have acces to it for another 43yrs but its stopped my DRO.

Im absolutly gutted. Feels like I have no one to talk to because its not something you really want to mention to friends and family.

Iv been waiting 2 months and have been holding off creditors, who have all been charging interest and late fees.

Hiya,

Sorry to hear about this.

How about contacting the CAB, and ask them if there is an alternative option.

eg - an Administration Order or perhaps Bankruptcy instead, to help deal with your debts?

I know just how stressful it all is, as I'm up to my eyes in debt myself, and am trying to work out a way forwards.

It may take a bit of time, but things will get better!

Keep your chin up, stay positive, and give your local CAB a bell.

All the best,

Sim.

Gottaclearthem

Hi all,

Had an appointment with my Solicitor Monday who advised a DRO...still trying to take it all in !

Couple of questions if you don't mind

1. What happens during the 12 months, have you got to send regular pay slips, bank statements I&E to anyone, how do they monitor you ?

2. Does anyone visit your house to check on assets, not that I got much but we do have 2 laptops in the house, my old one and my daughters that she had for Christmas..just wondered if they visit or take your word for it ?

Thanks
x

fatbelly

Gottaclearthem wrote: »

1. What happens during the 12 months, have you got to send regular pay slips, bank statements I&E to anyone, how do they monitor you ?

They could request these things from you but in practice there seems to be little monitoring during the morotorium period.

Gottaclearthem wrote: »

2. Does anyone visit your house to check on assets, not that I got much but we do have 2 laptops in the house, my old one and my daughters that she had for Christmas..just wondered if they visit or take your word for it ?

No-one visits.

Don't forget - the fee is £90 and that doesn't buy much time from the Insolvency Service.

cd36uk

tigerfeet2006 wrote: »

It will be months before some one comes to your door if they ever do. Don't even think about it.

The original creditor is just thinking about money at this present time, they will get some from the DCA plus some from insurance and it will no longer be their problem. Though saying that a lot of big firms have their own DCA attached to them and all that has happened is that it has gone from one part of the building to another. For example Barclays have Mercers, so it hasn't realy gone any where.

Who did the debt go from and to?

To be honest with the time you have left till the DRO is in place I wouldn't worry unduly. Ignore calls and letters unless they look like they are going to try for a CCJ and then ask on the boards and it can be dealt with.

I have had a final demand letter from a company called LEWIS DEBT RECOVERY on behalf of Next directory, because Next have refused my reduced (pro-rata) monthly payments whilst I am waiting for my DRO application to be processed. How should I respond to this final demand? This is the first and only letter I have had from Lewis debt recovery by the way!

fatbelly

cd36uk wrote: »

I have had a final demand letter from a company called LEWIS DEBT RECOVERY on behalf of Next directory, because Next have refused my reduced (pro-rata) monthly payments whilst I am waiting for my DRO application to be processed. How should I respond to this final demand? This is the first and only letter I have had from Lewis debt recovery by the way!

You're within weeks of getting a DRO. There's no point in engaging with a DCA on the basis of a threatening letter. I'd go further than Tigerfeet - ignore them unless you get an actual court claim.

SimIsOnTheUp

Hi,

Do you guys know, if I can still go for a DRO, if I get a CCJ?

Thanks,

Sim.

fatbelly

SimIsOnTheUp wrote: »

Hi,

Do you guys know, if I can still go for a DRO, if I get a CCJ?

Thanks,

Sim.

Yes you can. The only possible issue is if you're right up against the 15k limit as the court process will add court fee and solicitors cost to your debt.

SimIsOnTheUp

fatbelly wrote: »

Yes you can. The only possible issue is if you're right up against the 15k limit as the court process will add court fee and solicitors cost to your debt.

Many Thanks for this.

My debts are well below the £15K limit, so that won't be an issue thankfully.

The pending CCJ (Water Bill) has been suspended until the 10th of July. The Water company agreed, to suspend the CCJ, so long as I commit to a payment plan of £45 per month.

However, at the moment, on ESA and with other bills / debts, this won't be sustainable, so regrettably, I'll probably have to let the CCJ go ahead on 10th July.

I'm in two minds about going through with the DRO, but I'm looking at my SOA as we speak, and I just can not see a way out of my debt situation while I'm not working, even though I'd like to repay it gradually / look at F&F's in the future

As I owe NPower £635, Severn Trent Water £225, Council Tax £439, DWP Social Fund £649, Housing Benefit Overpayment £2,333 (won't be included due to being coded 'fradulent' ) and TV License arrears of about £150.. on top of about £6k of unsecured credit debts..

I don't think there is an alternative to a DRO, which is a shame as I really would rather not lose my first 'proper' bank account in years! (A&L current account).

'Fatbelly' - Do you think that the OR would contact A&L, and that account would be closed, if I go through with the DRO?

Worst case scenario - if it is, I do have a 'basic' Co-Op 'Cashminder' bank account, as a back up.

Would I be allowed to include the TV License arrears? (I can't find anything definitive about this online!)

Re the pending Water bill CCJ of £225, I just wanted to make sure, that if the CCJ goes through, I will still be allowed to go ahead with the DRO, and that Severn Trent Water won't be able to just keep adding charges / interest after the DRO is agreed.

I saw the CAB last week, with all my paperwork, and they told me that I should receive the completed forms tomorrow for the DRO.

Just need to make a decision now!

Do you think a DRO would be my best option?

Many Thanks,

Sim.