Advice needed please - letter from Restons

sourcrates

You are not bankrupt, small but subtle difference.

CurlySue2017

Is it as simple as turning up to the hearing with the DRO paperwork, or do we need to be a bit more prepared? Do we need all of the paperwork that we have gone thorugh with Stepchange etc?

I will be going too but probably won't be allowed in with him, which could be a disaster, so I want to try and avoid any potential problems if possible by arming him with everything he could possibly need!

fatbelly

CurlySue2017 wrote: »

Is it as simple as turning up to the hearing with the DRO paperwork, or do we need to be a bit more prepared? Do we need all of the paperwork that we have gone thorugh with Stepchange etc?

I will be going too but probably won't be allowed in with him, which could be a disaster, so I want to try and avoid any potential problems if possible by arming him with everything he could possibly need!

The bit of paper you need is the Debtor's notice - the letter sent to you by the DRO Team in Plymouth.

You will probably be allowed in but may not be allowed to answer any questions directed at him.

Hopefully this is all a waste of time and you arrive to find the other side withdrew their claim.

CurlySue2017

fatbelly wrote: »

The bit of paper you need is the Debtor's notice - the letter sent to you by the DRO Team in Plymouth.

You will probably be allowed in but may not be allowed to answer any questions directed at him.

Hopefully this is all a waste of time and you arrive to find the other side withdrew their claim.

Do you know what will happen if they don't withdraw? There's no way that OH can be forced to make payment now that the DRO has been granted, is there?

Again I am sorry for all the questions on "what if" scenarios, I just get very panicky about situations when I am not fully prepared and as the day creeps ever closer, I can't focus on anything else.

fatbelly

CurlySue2017 wrote: »

Do you know what will happen if they don't withdraw? There's no way that OH can be forced to make payment now that the DRO has been granted, is there?

Again I am sorry for all the questions on "what if" scenarios, I just get very panicky about situations when I am not fully prepared and as the day creeps ever closer, I can't focus on anything else.

It shouldn't happen. You were sent a Debtor's Notice. The Creditor was sent a Creditor's Notice, telling them that they have no right to payment during the moratorium.

Judges can do odd things but ordering you to pay something that has already been ordered frozen would be plain wrong.

CurlySue2017

So I have contacted the court again for any update and they have advised that OH will still need to attend the hearing on Monday to "explain himself" - the words that the lady used.

Her tone to me was horrible and I am now very worried that this is all going to go horribly wrong and we have gone through all this stress to get and manage to pay for the DRO for it to be a complete waste of time and money. Going to try and speak to Stepchange later to see what they advise, but if anyone has any reassurance to offer that would be great, so upset

fatbelly

No it won't go wrong.

In extreme circumstances the DRO Unit themselves will phone a creditor to tell them they have no right of action against a particular debt.

Obviously they can't do that for every debt in every DRO.

A lot of court staff have an appalling telephone manner - you were unfortunate but hopefully the usher and judge will be nice on Monday.

Turn up early, check in, find the usher, establish what room you will be in and keep your ears open for you being called.

You address the judge as sir or ma'am. Just answer the questions asked, and if it's a yes/no question, that's all they want to hear.

If you talk to the other side you do not have to take any notice of what they say. They are clearly idiots.

Dress smartly. Let us know how you get on.

sourcrates

Boils down to the simple fact a creditor has no recourse to obtain payment for a debt included in a debt relief order.

For a judge to order otherwise simply cannot happen.

Don’t worry about the meeting, it will be quite an informal affair, the judge can only follow guidance as the law stands, you will be fine.

It’s all smoke and mirrors it seems to me.

CurlySue2017

Thank you both (again!) We would be in a real mess without the advice given by both of you

I will definitely come back with an update.

CurlySue2017

As promised, an update.

We attended the hearing and I was allowed to go in with my OH, the other side were a no show!

The judge didn't have any record of the DRO in the paperwork so she asked to see the document - he showed it to her - and she basically said "well that's it, there is nothing more for me to do here", stamped her paperwork and said "dismissed".

She also commented that this should have been sorted out before it got to this stage and she was sorry that we had to attend at all! She was really nice to be honest.

So I think......I hope!!!! that's it all done with (unless you much more knowledgeable people tell me otherwise??)