Howard Cohen Court claim

Ziggydiamonddogs

I hope stepchange are advising you to complete the court paperwork correctly so as to get an instalment order on that ccj. If not you will get a 'forthwith judgement'. That makes no difference if you are doing a dro, but could lead to the creditor trying other enforcement methods if you don't, and they do not accept the £15. And if the debt is over £900, that offer does not clear it in what is seen as a reasonable period.

By the way, I didn't understand this at the time.. I do now. I think I did receive a forthwith order, obviously I don't fill forms correctly. I've now had to submit a N245... Terrified of them going for a warrant right now.

Ziggydiamonddogs

Fatbelly, my previous post had a quote you had written to me previously...... I started my text after with "by the way..."

It didn't copy correctly... My mistake

fatbelly

You've got a lot of questions and your intermediary should really be talking you through them.

Let's have a look at

I'm confused by the fact they write of your debts (if the creditor agrees I assume). But is this really the case?

because debt camel is a bit confusing on this question. It has nothing to do with whether the creditor agrees or not. The DRO is binding upon them. The Insolvency Act tells them that they have 'no right of action' against the debt. So yes it is really the case for all qualifying debts.

It's very unlikely your landlord would even find out about a DRO. If you are up to date with the rent, why would they be checking the insolvency register? If you have rent arrears the only way they can ever get that money back is by keeping you in the property. If they evict you the debt is covered as in the previous paragraph.

I read in a post you advised on that obviously if you came into a sum of money during the order, it would be revoked (highly unlikely for me) but you stated even after the order it can result in investigation? Yet again unlikely but I was under impression you were free to start again, rebuild, after 15months.

It would only definitely be revoked if your capital became over £1990 and only possibly revoked if over £1000 during the moratorium period. I am not sure which of my many pearls of wisdom you are quoting but it's only if information came to light later of something happening before or during the moratorium period that the DRO would be revoked retrospectively.

It really does give a new start in nearly every case.

Ziggydiamonddogs

Thank you. Yes, my intermediary should answer my questions, but you once said I had to get past the front man with StepChange. I did learn through this as I kept getting conflicting advice.

Even recently I called them and the advisor (you don't get the same one), said my budget plan included something it shouldn't for a DRO. So I lost a bit of faith that's all.

I am researching (I don't like to get things wrong and get into further trouble). But I thank you for your time in answering all you have.

Ziggydiamonddogs

Regarding this paragraph :

" It would only definitely be revoked if your capital became over £1990 and only possibly revoked if over £1000 during the moratorium period. I am not sure which of my many pearls of wisdom you are quoting but it's only if information came to light later of something happening before or during the moratorium period that the DRO would be revoked retrospectively. "

I may have read the post I was referring to wrong but it was with reference to someone inheriting money after the moratorium period had passed (I'm not sure what moratorium is... 15 months?). So they asked I think after this.... Whilst it's on your credit file for 6 years I think.

I got confused because I thought after the 15 months you didn't need to worry about declaring anything (not that I have anything I intend to declare I just like to know the ins and outs.

I wil research further. Thank you.

fatbelly

The moratorium is 12 months. The only time there could be an issue with capital received after that period is if you could have received it within the period, i.e was it quantified in that period?

So 'I think I might get a payment in the future but I don't know when or how much' would be fine.

'I'm due a payment of £2000 but I'm delaying receiving it till my DRO is over' is not.

Now there could be some grey area between those extremes which is why each case is decided on its merits. But for nearly everyone, once your DRO is over it doesn't matter what money you come into.