Can I get DRO to take over IVA and other debts

JennyT87

fatbelly wrote: »

Until the gaps in the soa are filled in I couldn't sayy whether you would qualify for a DRO.

Are the benefit overpayments already classed as fraud? Did you admit this in the interview under caution? Have you paid an administrative penalty? Has there been a court case?

I will go back and redo the SOA. I had to admit it was fraud in the interview under caution or risk it going to court and on my record and since I have to undergo enhanced disclosures for work I just didnt want to take that risk. I have now been administered an pentaly (last month). I protested that it was a miscommunication as I rang and informed them in Nov that i had started work in the last week of Oct. I revieved a payment in Dec and thought it must have been due to being paid in arrears then when it went in again end of January, I rang up and said I am working. They recorded it as me starting work in Feb not Oct then couple months later i got a letter which i was expecting to be about overpayment but it was to attend the interview under caution. I was basically strongly advised to admit fraud. I have been paying back the overpayment and am awaiting the pentaly to be added.

JennyT87

Statement of Affairs and Personal Balance Sheet

Household Information
Number of adults in household........... 1
Number of children in household......... 2
Number of cars owned.................... 0

Monthly Income Details
Monthly income after tax................ 1700
Partners monthly income after tax....... 0
Benefits................................ 137
Other income............................ 0
Total monthly income.................... 1837

Monthly Expense Details
Mortgage................................ 0
Secured/HP loan repayments.............. 0
Rent.................................... 600
Management charge (leasehold property).. 0
Council tax............................. 88
Electricity............................. 73
Gas..................................... 30
Oil..................................... 0
Water rates............................. 65
Telephone (land line)................... 26
Mobile phone............................ 38
TV Licence.............................. 12.12
Satellite/Cable TV...................... 40
Internet Services....................... 0
Groceries etc. ......................... 250
Clothing................................ 20
Petrol/diesel........................... 0
Road tax................................ 0
Car Insurance........................... 0
Car maintenance (including MOT)......... 0
Car parking............................. 0
Other travel............................ 40
Childcare/nursery....................... 30
Other child related expenses............ 44
Medical (prescriptions, dentist etc).... 0
Pet insurance/vet bills................. 22
Buildings insurance..................... 0
Contents insurance...................... 15
Life assurance ......................... 0
Other insurance......................... 30
Presents (birthday, christmas etc)...... 40
Haircuts................................ 20
Entertainment........................... 40
Holiday................................. 0
Emergency fund.......................... 0
Total monthly expenses.................. 1523.12


Assets
Cash.................................... 0
House value (Gross)..................... 0
Shares and bonds........................ 0
Car(s).................................. 0
Other assets............................ 0
Total Assets............................ 0

No Secured nor Hire Purchase Debts

Unsecured Debts
Description....................Debt......Monthly...APR
Iva............................0.........80........0
Income support o/p.............0.........70........0
HB O/P.........................0.........70........0
Vanquis........................0.........50........0
Gas and electric...............0.........40........0
Water..........................0.........40........0
Total unsecured debts..........0.........350


Monthly Budget Summary
Total monthly income.................... 1,837
Expenses (including HP & secured debts). 1,523.12
Available for debt repayments........... 313.88
Monthly UNsecured debt repayments....... 350
Amount short for making debt repayments. -36.12

fatbelly

JennyT87 wrote: »

I will go back and redo the SOA. I had to admit it was fraud in the interview under caution or risk it going to court and on my record and since I have to undergo enhanced disclosures for work I just didnt want to take that risk. I have now been administered an pentaly (last month). I protested that it was a miscommunication as I rang and informed them in Nov that i had started work in the last week of Oct. I revieved a payment in Dec and thought it must have been due to being paid in arrears then when it went in again end of January, I rang up and said I am working. They recorded it as me starting work in Feb not Oct then couple months later i got a letter which i was expecting to be about overpayment but it was to attend the interview under caution. I was basically strongly advised to admit fraud. I have been paying back the overpayment and am awaiting the pentaly to be added.

Shame...

You didn't have to admit fraud if you thought it wasn't. They do put a lot of pressure on you in order to make life easy for them. I have seen interview transcripts and the tactics I have seen there load things very much in their favour.

Too late for you, but for others in the same situation there is a very good factsheet here

http://www.advicenow.org.uk/guides/how-deal-interview-under-caution

Once fraud is established, by one of the 3 methods I mentioned earlier, those debts cannot be written off by bankruptcy/DRO. You either have to pay in full or use other borrowing to pay them and then try insolvency, with the possibility of restriction orders because of those tactics.

fatbelly

Jenny

Looking at your soa from a DRO intermediary's point of view, I don't think I could include entertainment at 40 per month

However, I could increase figures:

Groceries etc. ......................... 250 -->325
Clothing................................ 20 -->65
Other travel............................ 40 -->80

but that still leaves you with nearly £200 per month surplus.

I would be reluctant to say to stop paying anything you currently are doing, but it's really too tight, even with the helpful suggestions on this thread.

You're in my neck of the woods. If you pm me with your nearest major town, I might be able to suggest a Citizens Advice Office with a good debt adviser