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Debt relief order question - debt in someone else's name/personal debts
preciousillusions
Posts: 543 Forumite
in IVA & DRO
Just a quick question to put my mind at ease really...
I undertook the DRO process in December. I have a few personal debts to friends and family that i was told by the first person i saw at the CAB (not the guy that processed my DRO but the woman that i was going through my debts with before i decided upon the DRO) could either be included or not included in the DRO, seeing as they couldn't actually be written off and i would still have to pay them (or rather i'd want to pay them as they were given to me in good faith). These personal debts included a payday loan taken out in my mother's name on my behalf (with her consent) which i still owe her for and we are currently trying to set up a payment plan for. This i was also told could be left out of the DRO as i would still have to pay it back at the end of the day (rather than included as a debt to my mother).
I will add that including these debts would not have pushed my debt amount up past the 15,000 mark and so deem me not legible for the DRO in any way.
Basically today when my mother rang up to change her appointment at the CAB she spoke to the guy who dealt with my DRO and brought up the payday loan business. He said something like 'why didn't preciousillusions include that in her DRO?! It should have been included." so now my Mum has come home angry at me, thinking that if I'd have included the debt it would now be written off and we would not still be dealing with it. I have no clue what to think or whether she has got the message wrong but i am a bit upset. I am going to ring the guy to clarify what he meant tomorrow but wondered if anyone here had any advice on the situation or answers for me.
Thanks in advance for any replies. I am freaking out a little here i guess.
I undertook the DRO process in December. I have a few personal debts to friends and family that i was told by the first person i saw at the CAB (not the guy that processed my DRO but the woman that i was going through my debts with before i decided upon the DRO) could either be included or not included in the DRO, seeing as they couldn't actually be written off and i would still have to pay them (or rather i'd want to pay them as they were given to me in good faith). These personal debts included a payday loan taken out in my mother's name on my behalf (with her consent) which i still owe her for and we are currently trying to set up a payment plan for. This i was also told could be left out of the DRO as i would still have to pay it back at the end of the day (rather than included as a debt to my mother).
I will add that including these debts would not have pushed my debt amount up past the 15,000 mark and so deem me not legible for the DRO in any way.
Basically today when my mother rang up to change her appointment at the CAB she spoke to the guy who dealt with my DRO and brought up the payday loan business. He said something like 'why didn't preciousillusions include that in her DRO?! It should have been included." so now my Mum has come home angry at me, thinking that if I'd have included the debt it would now be written off and we would not still be dealing with it. I have no clue what to think or whether she has got the message wrong but i am a bit upset. I am going to ring the guy to clarify what he meant tomorrow but wondered if anyone here had any advice on the situation or answers for me.
Thanks in advance for any replies. I am freaking out a little here i guess.
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Comments
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If the debt is not in your name, it cant be included in your DRO.
The only way for the debt in question to be resolved is to either a) pay it off or b) for your Mother to include it in her DRO/Bankruptcy, as in the eyes of the law that debt is hers.I used to be Snow White, but I drifted.Mae West
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