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Debt Administration Order

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mr2jay
mr2jay Posts: 191 Forumite
Hey Guys

I have a question my Mother has asked me to put forward to you.

Since I have started my journey to being debt free, this has prompted my Mother to look at her own situation.

She has contacted the National Debt Helpline (I think) who have given her 3 options in her situation. She is unable to work, is living on DLA and ESA and, without her DLA, has a monthly disposable income of about -£120 - with the DLA her disposable income is £36 per month.

Now, her debts are about £4,000 but I don't know the exact numbers and one option brought forward to her was a Debt Administration Order. The question she needs to know is "Does her DLA get counted toward her income?"

Any help guys would be much appreciated :beer:
Key - Balance/Remaining - Total £15073.21/£8283.11
Rent Arrears - £4770/£985, Council Tax £1582.26/£1200, Eon Energy £907.10/£600, Anglian £317.06/£105.32, Car Loan £1200/£450, CC £4632.79/£4152.79, Personal Debts £1270/£790, [STRIKE]Wage Advance £400/£0[/STRIKE]

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    One of these? Assuming they have a CCJ already?

    Administration orders in the county court

    If so, then you would have to list the DLA in the income section. Whether they take it into account is another matter. Even if they did, then it should be offset against necessary costs the court could not argue against, so presumably wouldn't be an issue?

    Alternatively, did they mean one of these?

    Debt Relief Orders (DRO)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • mr2jay
    mr2jay Posts: 191 Forumite
    Thanks for the advice Fermi :)

    When I initally spoke to her, she was fully expecting to go for the first one (Debt Administration Order)

    She now has decided through talking to the National Debt Helpline that the Debt Relief Order is the more sensible way to go....

    Either way, She will be now declaring her DLA payments as part of her income and we'll see how that effects the outcome...

    Regardless, the advice is much appreciated :)
    Key - Balance/Remaining - Total £15073.21/£8283.11
    Rent Arrears - £4770/£985, Council Tax £1582.26/£1200, Eon Energy £907.10/£600, Anglian £317.06/£105.32, Car Loan £1200/£450, CC £4632.79/£4152.79, Personal Debts £1270/£790, [STRIKE]Wage Advance £400/£0[/STRIKE]
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    In DRO's, the intermediary will put the DLA in as income and take exactly the same amount out as 'care needs' so effectively the DLA will not count within the DRO application.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi there. Not sure if it was our organisation that you spoke with, but just wanted to echo Debt Doctor's post that our intermediaries will always ensure that DLA is used for care needs unless our clients specifically state they would like to use some, or all of it, towards their debts.

    Best wishes,

    National Debtline.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • mr2jay
    mr2jay Posts: 191 Forumite
    Hi there. Not sure if it was our organisation that you spoke with, but just wanted to echo Debt Doctor's post that our intermediaries will always ensure that DLA is used for care needs unless our clients specifically state they would like to use some, or all of it, towards their debts.

    Best wishes,

    National Debtline.

    Yes, it was you guys she spoke to and she had nothing but praise for you.

    The biggest thing she commented on? For the first time ever when speaking to an institution like yourselves, she didn't feel like she was being spoken down to and that meant a lot to her....

    I posted this question as the young lady she spoke to wasn't 100% sure on the matter of DLA, she thought it wouldn't be counted as income but as a payment to cover care costs but wasn't 100% sure.

    So yes, top mark for you guys :D
    Key - Balance/Remaining - Total £15073.21/£8283.11
    Rent Arrears - £4770/£985, Council Tax £1582.26/£1200, Eon Energy £907.10/£600, Anglian £317.06/£105.32, Car Loan £1200/£450, CC £4632.79/£4152.79, Personal Debts £1270/£790, [STRIKE]Wage Advance £400/£0[/STRIKE]
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