Advice needed please - letter from Restons

sourcrates

CurlySue2017 wrote: »

I haven't posted in a while because there has not really been any update and I didn't want to "pad" the thread just incase reading through it helps anyone else, easier to keep to the facts.

There is now an update but first, I just wanted to say thank you again to the people that have offered help and advice, inparticular @fatbelly and @sourcrates, for taking the time to answer our questions and also putting up with my occasional emotional outbursts.....sorry about that.....it has been very stressful indeed

OH has now received the final DRO application (with barcode) that we just need to check, we then have to find the fee and fingers crossed, it will be done.

However today OH has started to get calls from Restons (he hasn't answered) and we are unsure what to do....is it best to just ignore and wait for the DRO to be finalised at this stage?

Also do we keep this same thread going, or start a new one in the DRO section for any questions that we may have relating to this now that I suspect they will be more directly DRO related?

Karen747 wrote: »

Restons have form for this, they take a debt that is statute barred, they do a search which costs them nothing and find you, then they deliberately send the CCJ paperwork to the original address. You do not hear of it and Voila, they have their "backdoor CCJ" for £2 in bulk.

They do this in the knowledge that it will cost you a fortune in Court fee to get the CCJ set aside.

From what I read on another forum, the Courts are making mistakes in the set aside, apparently they are judging the case when all they should be doing is deciding whethere there is merit to set aside.

Restons should be reported to SRA for this shoddy practice, they may be able to do this but the recent reforms should be amended to stop them using old addresses unless they can show they still live there on voters roll or Credit Ref DB.

They are wasting Court time and causing huge problems for people.

You need to get your partner to get the Court form to set aside, they will have to pay a fee unless they are on benefits I think.

If you do nothing they will pass it on to bailiffs and although they have no right of entry they may take a car if it is worth anything.

OP is entering a debt relief order which, once submitted, will be approved within days, so no need to do any of the above.

Insolvency invalidates county court judgements.

Curly sue, keep this thread going, ignore the calls, we can help you with anything DRO related.

fatbelly

I think the thread is OK where it is. You just need to concentrate on getting the DRO done now.

When you get the DRO, let restons have a copy of the letter - the redetermination becomes redundant at that point

CurlySue2017

Thanks again guys.


The DRO application went in on Monday and the fee was also paid, Stepchange advised that we should receive notification in the post in approx. 10 working days, but is there any way of checking sooner than that whether it has been granted or not? We are on pins at the moment!

fatbelly

CurlySue2017 wrote: »

Thanks again guys.


The DRO application went in on Monday and the fee was also paid, Stepchange advised that we should receive notification in the post in approx. 10 working days, but is there any way of checking sooner than that whether it has been granted or not? We are on pins at the moment!

Yes, keep an eye on the insolvency register

https://www.insolvencydirect.bis.gov.uk/eiir/

It normally gets approved 2 days after submission.

sourcrates

CurlySue2017 wrote: »

Thanks again guys.


The DRO application went in on Monday and the fee was also paid, Stepchange advised that we should receive notification in the post in approx. 10 working days, but is there any way of checking sooner than that whether it has been granted or not? We are on pins at the moment!

fatbelly wrote: »

Yes, keep an eye on the insolvency register

https://www.insolvencydirect.bis.gov.uk/eiir/

It normally gets approved 2 days after submission.

Always shows on the IR before you even get the letter.

Glad you have got sorted.

CurlySue2017

Ok so VERY relieved to say that the DRO has been granted!!!

I guess the question now is......what now?

Does OH have to contact the court to advise them that the CCJ's are included (the hearing is still scheduled for the end of October) and when he does, will the hearing then be cancelled?

Or should he be contacting Restons to advise them?

That's the business end......now the cheesy part.....if you choose to read

Really just another huge thank you for the help received on this board, without it I would have lost the plot over all of this. Of course I understand that this is not over yet but at least now there is a light at the end of the tunnel and my OH can see a future again.

Also to say to anyone that may read this in the future to please get help from a free advice service if you are struggling with anything debt related. We chose Stepchange and they have been wonderful from start to finish - no judgement, just advice and support. I even broke down in tears during one call to them and the gent on the phone dealt with it brilliantly (although I was mortified)......please do not be afraid to ask for help.

Never be ashamed of debt and never, ever be too afraid or proud to ask for help.

Like I said, it was cheesy, you were warned!!

fatbelly

CurlySue2017 wrote: »

Does OH have to contact the court to advise them that the CCJ's are included (the hearing is still scheduled for the end of October) and when he does, will the hearing then be cancelled?

Or should he be contacting Restons to advise them?

The creditor will be notified by the Insolvency Service. But as it may take time for the message to get to Restons, and you will be relying on them to pass that message to the court ... I'd let them both know.

sourcrates

Excellent news, so very pleased for you both.

Now you can relax.

CurlySue2017

Oh heck I'm back again!

So OH has sent his DRO confirmation to all involved and we have heard nothing back at all, not a peep and the court hearing for the CCJ redetermination is scheduled in just a few weeks time.

He has contacted the court for an update but they couldn't give any information, just that the case is with the judge and to phone again in a week or so. Just to put our minds at rest, what happens if the date comes around and we have received nothing?

Does OH need to attend and take the DRO paperwork with him? Or just not attend? (I'm worried about just not turning up, it does not sit right with me).


And another question (sorry). I am currently searching for contents insurance quotes and the question "have you or anyone living in the property ever been made bankrupt"......I assume I have to say yes to this? Even though the policy will be in my sole name and will be paid in a lump sum by myself?

Thanks again!

fatbelly

CurlySue2017 wrote: »

Does OH need to attend and take the DRO paperwork with him?

Yes

CurlySue2017 wrote: »

And another question (sorry). I am currently searching for contents insurance quotes and the question "have you or anyone living in the property ever been made bankrupt"......I assume I have to say yes to this? Even though the policy will be in my sole name and will be paid in a lump sum by myself?

No

No-one has been made bankrupt.

If the question had said insolvent that would be different - DRO and bankruptcy are both forms of insolvency but assets are treated very differently, hence the bankruptcy question is relevant for contents insurance.