Distraught!!!

Legacy_user

Hi everyone.

I got some great advice on here a few months ago about shutting my creditors off my back for a few months in order to move in with my partner, and hopefully reduce costs and clear the debt. But oh-my-goodness you NEVER know what is round the corner.

On Sunday evening my usually sweet, kind partner got super drunk and, to cut a long story short, went mental with an axe on 9 separate cars.

It is a first offence but he will almost certainly have a custodial sentence.

So, I don't get any income from him. He will be unlikely to get a job in a hurry when he gets out. On top of this, I recently found out I won't qualify for maternity leave because I haven't been in my job for long enough. I should qualify for maternity benefit but that won't even cover my rent. I CANNOT bear to move again, and anyway, I had trouble with credit ratings for this property so am unlikely to get another.

I was due to start paying into my DMP again on the first of June. Where on earth should I start and what do I tell my creditors?

Thanks everyone.

:-(

Tixy

Hi

First I would talk to your DMP provider, explain that your circumstances have changed and that you expect to be living alone and you will only be able to afford token payments to creditors (you may even want to take some advice from the charity about conisdering a DRO - depending on your circumstances).

Then you need to find out what benefits you would be entitled to if you were living alone and on maternity leave. You might be entitled to housing benefit/council tax benefit for example, so you need to look in to that and how much it might be.

Is the property you rent private rented or council? whose name is the tenancy in? if its just in your partners name will you be allowed to occupy the property if he is in prison?

What has he solicitor said about how soon a court case could be and how long a sentance he might get?

matttye

What is he charged with, criminal damage only or criminal damage + possession of an offensive weapon or such like?

If charged with criminal damage only and the damage is under £5k the maximum he could get is 3 months imprisonment, of which he would serve half in custody and half on licence.

http://sentencingcouncil.judiciary.gov.uk/docs/criminal-damage.pdf

"Criminal damage: triable only summarily if value involved does not exceed £5,000:
Maximum: Level 4 fine and/or 3 months
Triable either way if value involved exceeds £5,000:
Maximum when tried summarily: Level 5 fine and/or 6 months
Maximum when tried on indictment: 10 years"

"Summarily" means it can only be dealt with at the magistrates court and "either way" means at either the magistrates or crown court.

Aggravating features are:

"Factors indicating higher culpability
1. Revenge attack
2. Targeting vulnerable victim
Factors indicating greater degree of harm
1. Damage to emergency equipment
2. Damage to public amenity
3. Significant public or private fear caused e.g. in domestic
context"

If none of those are met it's unlikely he'd get the maximum sentence available (i.e. 3 months).

I work in a criminal law office but I'm not a lawyer and I'm not qualified to give advice. If he hasn't already he should get a solicitor. Sounds like he'd be eligible for legal aid.

Word of advice: keep in touch with the solicitor! Notify any changes of address etc. It's very difficult to prepare a case for trial (or properly prepare mitigation if pleading guilty) when a client doesn't come to any appointments or keep in touch.

System

Hi Tixy

Thanks for replying so quickly:

Is the property you rent private rented or council? Private
whose name is the tenancy in? if its just in your partners name will you be allowed to occupy the property if he is in prison? It is just me and the landlord says I have nothing to worry about so long as OH doesn't come back.

What has he solicitor said about how soon a court case could be and how long a sentance he might get? He has admitted to everything so no trial thank goodness. Sentencing on 11th June and they think a tough probation regime or a short jail sentence. At the moment I've not even had contact with him so I don't know how his mental state is or whether we are even going to try to stay together (as partners - but in separate homes)

System

Hi Mattye

He's convicted with criminal damage x 9, I suspect less than £5k worth, affray and possessing an offensive weapon in public.

No-one was hurt but I don't know if he threatened anyone with the weapon. He also smashed windows in my home which I have given a statement on . I have said that I never felt in any personal danger but I am pregnant so I wonder if that would count as targetting a vulnerable person?

matttye

Ashamed_of_Bristol wrote: »

Hi Mattye

He's convicted with criminal damage x 9, I suspect less than £5k worth, affray and possessing an offensive weapon in public.

No-one was hurt but I don't know if he threatened anyone with the weapon. He also smashed windows in my home which I have given a statement on . I have said that I never felt in any personal danger but I am pregnant so I wonder if that would count as targetting a vulnerable person?

Ignore what I said before, as he's charged with a multitude of offences what I said is largely irrelevant.

Whatever sentence he gets he will get a one third discount for pleading guilty at the first opportunity.

Tixy

So even if he doesn't get sentanced you are going to be living on your own in the short time (well with baby when they arrive).

How long until your maternity leave is due to start? How many paydays between now and then? do you have any current surplus you can save to see you through the maternity period (can you put aside what you were going to pay in to your DMP)?

Have you tried applying for your maternity benefit yet (to kick in once you leave work)?

Have you looked to see if you will be eligible for tax credits (working tax credit before the birth or child tax credit afterwards)?

dancingfairy

How on earth did he get so mentally drunk and where on earth did he get an axe from? It all sounds awful.
Maybe this is a lucky escape for you.
I do hope you and your baby are o.k and you are recovering from this awful shock.
Take care.
df

harrys_dad

Yes, housing benefit, maternity benefit, possibly Income Support, tax credits, and child benefit should see you through, and then make token payments to creditors. Remember the key maxim "you cannot pay what you haven't got, and no-one can make you, not even the courts".

good luck.

harrys_dad

Oh, and despite your sign on name, you ahev absolutely nothing to be ashamed of!

matttye

harrys_dad wrote: »

Oh, and despite your sign on name, you ahev absolutely nothing to be ashamed of!

She signed up six years ago so I don't think the name refers to this incident!