Diary of a complete plonker....DRO or Bankruptcy here I come!

elfieb

FraudBuster wrote: »

This may help:



http://www.insolvency.gov.uk/bankruptcy/DRO/creditors.htm

Read that lots and lots, but doesnt answer whether a DRO would be refused, or whether I would be subject to a DROU.
From the advice that I have sought thus far, no one else is too sure either!

I think this is where bankruptcy has the edge over DRO. When you are bankrupt, you are bankrupt. There is nothing a creditor can do or say that can change that. Yes you may be subject to an BRU for various reasons, but it still doesnt remove the fact you are insolvent.

This is the thing that is cloudy with a DRO, as it appears in the legislation, a creditor can appeal, and if that appeal is upheld, what is to stop a creditor appealing every DRO?
I know gambling is considered rash behaviour, but why should I be treated any differently to others, and potentially have a DRO removed. If im insolvent, Im insolvent, and that is the way it should be.

SHOULD I be granted a DRO, and SHOULD it be revoked, I am fully prepared to take the matter further, take legal advice etc. Lots of shoulds there, but I feel very strongly on this one!!!!!

elfieb

Quick update.......

Rang insolvency service (im such an inpatient b****r!!!!), and my application is on the system and being dealt with Should hear by Wednesday at the latest!

Still a bag of nerves!!!!!!

elfieb

Tuesday........
Still not heard, beginning to think this is bad news, as other people on the forum had their DRO decided in pretty much 48 hours, Im now looking at 72 hours perhaps even longer........
Will be very annoyed if it gets refused, £90 that could have gone to bankruptcy fees wasted. Maybe I shouldnt have rushed through with Baines and Ernst as an intermediary after all??? Im pretty sure NDL wouldnt have accepted payment if they had a feeling it could fail???

Chooch

First Post.. although I've followed threads and proceeded acting on advice and recommendations.. For myself, and with no 'reckless abandon' involved(!) I am proceeding with CAP, they are experienced at 'entering the fray' on behalf of people who are bewildered by their circumstances and should be able to give you impartial advice.. Hope that's of some help - and to let you know that you most certainly are not alone...

elfieb

DRO approved!!!!!!!:T

beentheredonethatstilhere

:T:beer::j:T:beer::j:T:beer::j

Well done!! I bet that is a weight off your mind.

elfieb

beentheredonethatstilhere wrote: »

:T:beer::j:T:beer::j:T:beer::j

Well done!! I bet that is a weight off your mind.

Sure is, was beginning to think I was going slightly crackers with the whole process!!!!!:rotfl:

marescino

elfieb wrote: »

Sure is, was beginning to think I was going slightly crackers with the whole process!!!!!:rotfl:

Wow, didn't think i would find someone in a similar position.

I was made unemployed last year after a period of absence due to medical reasons. I've been living on credit but signed up to JSA at the beginning of the year. I've been trying to make payments to creditors on the money i get from JSA, but its very difficult.

I owe approx £11,000 and was considering bankruptcy as an option. While surfing on here about 2 weeks back i came across the DRO thread and thought it might be applicable to me. I have no assets, savings etc. I have less than £50 left after paying rent/food/living costs.

I went to the CAB and spent a good few hours chatting it through with a lovely lady who gave me all the in's and outs.

I came clean at this point and told them that at least 70% of the debt was due to gambling addiction. Since my moment of clarity, i closed my gambling accounts and decided to get help via Gamcare.

The CAB advisor said they would send my details to a colleague who had a little more experience with DRO's.

I got a letter back last week saying that the DRO is not a suitable option :

1. as i may start work again within the year, the DRO may be revoked (i have been unemployed for 5 months now)

2. In the last 5 years i have lost approx £20,000 throuigh gambling

They said it would be a better option to go for bankruptcy.


Given your experiences with the process elfieb, what issues did you encounter when it came to gambling ?

Do you think it's worthwhile going for a DRO anyway ?

I would really appreciate any feedback you can give me !

Cheers

elfieb

marescino wrote: »

Wow, didn't think i would find someone in a similar position.

I was made unemployed last year after a period of absence due to medical reasons. I've been living on credit but signed up to JSA at the beginning of the year. I've been trying to make payments to creditors on the money i get from JSA, but its very difficult.

I owe approx £11,000 and was considering bankruptcy as an option. While surfing on here about 2 weeks back i came across the DRO thread and thought it might be applicable to me. I have no assets, savings etc. I have less than £50 left after paying rent/food/living costs.

I went to the CAB and spent a good few hours chatting it through with a lovely lady who gave me all the in's and outs.

I came clean at this point and told them that at least 70% of the debt was due to gambling addiction. Since my moment of clarity, i closed my gambling accounts and decided to get help via Gamcare.

The CAB advisor said they would send my details to a colleague who had a little more experience with DRO's.

I got a letter back last week saying that the DRO is not a suitable option :

1. as i may start work again within the year, the DRO may be revoked (i have been unemployed for 5 months now)

2. In the last 5 years i have lost approx £20,000 throuigh gambling

They said it would be a better option to go for bankruptcy.


Given your experiences with the process elfieb, what issues did you encounter when it came to gambling ?

Do you think it's worthwhile going for a DRO anyway ?

I would really appreciate any feedback you can give me !

Cheers

Ive done a lot of research into gambling and DRO (thanks Debt Doctor!!!), and can honestly say that it SHOULDNT prove to much of a problem. I go in to why its only a should in a mo!!!!

On the actual application with the intermediary, there is just one question as to why you are in debt. Its a simple drop down box with either unemployment, illness, living beyond means as options. No mention of gambling!! So in princible, providing you meet all the criteria, (under £15k, no assets etc), there is no reason why a DRO should be refused.

HOWEVER!!! Creditors have 30 days in which to appeal the order. Now I have a nifty feeling there will be alot of this happening, and what is unclear at the moment, is whether these appeals will have any inpact on the DRO being cancelled.
With gambling making up a good proportion of the debt, this is good basis for a creditor to appeal. What is unsure is the implications of the appeal, although I am informed that DROU maybe called for which is similar to a BRU. Got my DRO granted yesterday so the count down of 30 days begins now!!!! Fully expecting some sort of appeal!

As for the advice you got from CAB, what they say about future employment is true, if you do get a job within 12 months the order will be revoked and £90 lost, you would like to think you could get a job in 12 months, but in this climate who knows???!!!

As for £20k in 5 years, I dont really get that!! You say your debt is £11k, so where are they getting this figure from?
You also say you are getting help for your gambling!! Good on you, I know how hard is it!!! Im on gamcare aswell, if an appeal is put through, I want to be able to show that I am getting help, and that running up such debt on gambling is a thing of the past!!!

marescino

Mate, that is invaluable information :T

Very much appreciated - Its been a hell of a demon to live with, always wanting to have a punt on something in the off chance that you'll land a fortune. The figure i came up with reflected some previous debts that i had which were paid off when i was employed. The 11k is what is left and is taking an eternity to get rid of.

Its really important for me and others to know that we are not the only ones and other people are going through similar times and are happy to share their experiences.

Please continue to update the 'diary' - i for one will be checking in as often as possible

:T