Desperately seeking some advice

Deva2005

Hi all,

I am in a real mess, and it has, for some time, affected my mental health with serious bouts of stress, anxiety and depression.

This is a summary of my current position:

Home - shared-ownership home, owned in my wife's name ONLY. I am nowhere on any documentation.

Debts - Water companies (x2) 5000
Energy provide 5000
Local Authority 5000
All above, approx figures subject to current bills etc.

As I am currently out of work, all utility bills are being deducted from my benefits, and also include a small element for the arrears.
The local authority have obtained a Charging Order over the house (even thought I pleaded the circumstances and how much this will effect my mental health and personal life) and they are, by a special arrangement, taking a token payment from my Housing Benefit towards the arrears, but I am unable to make payments towards the 2016/2017 bill.

I am trying to find out about applying for a DRO to clear the utility arrears, which are all in my name ONLY, and I wonder, as I have NO assets and the house is in my wife's name, if this would be possible and lift some of the extreme pressure I am suffering and give me some chink of light at the end of 12 months.

I wonder if anyone has the experience or knowledge to give me some comments or advice at this time?

Any feedback would be really, really welcome.

If you need any further other info, please let me know as well.

Thanks for reading the post.

David

DCFC79

You need to increase your income, why are you out of work ?

Deva2005

I am desperately trying to find some work, but it is difficult at the moment, I was made redundant a few weeks ago and desperately looking for whatever I can get at the moment.

I really need this advice to help me plan for, I hope, a better 2017

fatbelly

Hi David

It looks to me as if you would qualify for a DRO. However your wife would not.

Now if we look at those debts to see how it would affect them:

Debts - Water companies (x2) 5000
Energy provide 5000
Local Authority 5000

I'm guessing the water is x2 because you are in an area where water and sewerage is billed separately. Even though your name alone is on the bills, your wife, as an adult in the property using the supply, could be held liable for the arrears. Now in practice my water authority does not go down this route, and a DRO does clear the arrears to zero. But they do not have to.

The same principle would apply to electricity, but they are more likely to ascribe liability to your wife.

The local authority debt may depend on what it is - Council Tax would be joint, HB overpayments are a bit more complex but in your situation could be recovered from your wife, sundry debts in your name would not be recovered from your wife.

For a DRO to complete successfully your situation would have to stay as it is for 12 months - if you got work your income (and share of expenses) would change and you may breach the £50 limit.

Others may bring up the concept of the beneficial interest you might have in the house.

If you have benefit overpayments that are (or could be later) deemed fraudulent, they will not be cleared at the end of the 12 month period. You do therefore have to judge how effective a DRO would be in your situation.

Deva2005

Thanks for this, yes, we are billed seperately for water and sewerage.
I guess I will need to approach the utility companies and plead a sympathetic approach, especially in light of the effect all this is having on me personally mentally and also the residual effect it is having on my wife also.

As far as the house goes, I do not see how they could take that view as she invested in it and wholly owns the share, I have nothing to do with it at all.

Thinking about when I get work, the amounts of the different bills and arrears for the council tax would probably swallow up a large proportion of my income, especially as the council will probably start an attatchment of earnings, and this would be around 15 per cent of my income, and then the ongoing bills for utilities would be higher than my current deductions.

Would it be prudent to finalise all my income/expenditure and approach an organisation such as StepChange Debt Charity?

I guess also, being currently unemployed, the charges will be less for setting up the DRO?

Thanks so much for your time and comments.

David

DCFC79

Might not like my reply but why are you out of wprk, theres various jobs available with it being xmas and could lead to something permanent, yes the important word is could but no harm in trying.

Norscbu

Very little mention of your wife at all, is she out of work too?

sourcrates

david.richards27 wrote: »

Would it be prudent to finalise all my income/expenditure and approach an organisation such as StepChange Debt Charity?

I guess also, being currently unemployed, the charges will be less for setting up the DRO?

Thanks so much for your time and comments.

David

Hi David,

The fee for the DRO is £90, with no remission unfortunately, but you can pay over 6 months, however your application won't be processed until the fee is paid, so if your going to do it, try and scrape up the £90 from somewhere.

Once your application is submitted, a decision is usually made within 48-72 hours, so you will know fairly quickly if it's been accepted.

You need to go through an intermediary such as stepchange, but as long as you tell the truth, and they do there job correctly, all should be well.

ratrace

Hi mate, sorry to hear about your current circs hope it get better for you soon

Do you drive or have use of a car the reason i ask is that when i was out of work, I got myself a job at a chinese takeaway delivering meals on an evening I was earning £40+ tips a night x6 days which was £240 a week plus i was working 2 days at a car wash so i was earning around £300 a week,

I know thats not a lot for the ammount of work i was doing but i was bringing in £1200 a month which was better than nowt, it really made me appreciate what I had, youd be surprised what you can do when you have kids to feed and house

Im not saying that your not looking for work etc... but sometimes when we are down and depressed we cant see the wood from the trees

All the best mate i hope you find something soon even if your bringing in £600 that should take the pressure off for now untill something better comes along good luck

Almost-free

ratrace wrote: »

Hi mate, sorry to hear about your current circs hope it get better for you soon

Do you drive or have use of a car the reason i ask is that when i was out of work, I got myself a job at a chinese takeaway delivering meals on an evening I was earning £40+ tips a night x6 days which was £240 a week plus i was working 2 days at a car wash so i was earning around £300 a week,

I know thats not a lot for the ammount of work i was doing but i was bringing in £1200 a month which was better than nowt, it really made me appreciate what I had, youd be surprised what you can do when you have kids to feed and house

Im not saying that your not looking for work etc... but sometimes when we are down and depressed we cant see the wood from the trees

All the best mate i hope you find something soon even if your bringing in £600 that should take the pressure off for now untill something better comes along good luck

Great reply full of helpful advice as was sourcrates and fatbelly.

Deva2005

Thanks a lot for everyone's thoughts and advice, I will see what I can do, I do not have a car, but will make some enquiries.

Thanks again
David