DRO and Bailiffs

hello19

Hi, 

I've got my self into a right mess and require some advice, please. I need to apply for a DRO and due to my mental health, I have not been able to do so. today I received a letter 'notice of issue of warrant of control'. I have until the 3rd if December to pay this, if I don't they will send the bailiffs round. I need to apply for a DRO soon but there is some sort of fear stopping me. If I go ahead and apply, will this stop the bailiffs from coming round and staking my possessions? I also live with my parents and am worried if they take anything of there's soon as I share their things. 

sourcrates

I doubt a DRO can be arranged that quickly, however if you possess a door with a lock, it’s just as good at keeping bailiffs out, they cannot force entry, you just don’t let them in.
If you’d care to run your situation past us, how much do you owe, what type of debts you have, do you meet the criteria for a DRO ? Then maybe we can help.
Bailiffs don’t want your possessions, second hand goods are notoriously hard to sell, and only bring in a fraction of their true worth, the threat is used as leverage to get you to pay up usually, plus due to COVID-19, they are not entering houses or taking control of goods right now, so you have nothing to worry about.

MalMonroe

There are two separate issues here : the first and most pressing thing is the notice of issue of warrant of control.

Secondly you want to apply for a DRO.

I know that it's really scary but National Debtline have a really informative website and you can contact them via webchat  -

https://www.nationaldebtline.org/   They won't judge you and everything is very confidential.

And there's also some helpful information about how to stop bailiffs coming into your home and what to do if you receive a warrant of control on this National Debtline site:

https://www.nationaldebtline.org/fact-sheet-library/county-court-bailiffs-ew/

If you haven't told your parents about this, now may be a good time. 

There are also some really knowledgeable and helpful people on this forum, some will surely be along soon. 

hello19

Thank you both for your help. The issue of warrant is for a debt that is worth I have debt that is worth £500, and I have around £21,000 altogether. It was less than this a few months, but there have been so many other charges added, and so it is now £21,000. I've just reached out to my sister, and she will help me with one of the debts, and this takes me to just over £19,000. I'm trying to gather the courage to do my application with StepChange. They have tried to help me in the past, but my mental health was getting worse to case that I wasn't even picking up their calls or emails. All my debts are credit cards, and the debtors have been chasing me for me 18 months. Some debts have been passed on to courts thus now a issue of warrant of control has been issued. I sense the others will be coming soon. 

I also have an additional question which can be asked by StepChange but if my sister is picking up one of the debts does it need to be paid off in full or can she pay monthly? Another thing is Paypal is the only debt that I have been paying as it was a direct debit coming out of my account automatically, and it was affordable. I fear they may reject me as I chose to pay that debt but not others.  

fatbelly

Hi

If your sister is not in a position to pay £2000 immediately then your total debts will not reduce from 21000 to 19000.

A third party can do what it wants with its money but it can't say 'let me have that debt' - the debt remains yours while it exists and so must be listed.

The preferential payment of the Paypal debt should likewise be listed but does not stop the application being submitted. If you had reasons that would generally be OOK. You should stop paying them though.

As your debts are too high for a DRO and your sister is wiling toi help, why doesn't she pay the £680 bankruptcy fee and you submit that? - it sounds more straightforward in this case.

netty179a

Hi, I agree with fatbelly , because your debts are too high for a DRO you will be better off going for a bankruptcy, or maybe one of the other options available to you. 

I went through a bankruptcy and lost my house back in 2000, but honestly it was the best thing I ever did.  I've always struggled with mental health and back then was screwed over by an ex who stole from me and I had no other choice.  However I stepped out from the court feeling so different and without the weight of the world and stress on my shoulders. It taught me to be super careful with my money and I have somehow managed to get by without any credit arrangements ever since.

However roll onto 2017 and my mental problems suddenly got worse and I had a breakdown.  My life went to pot and I was in debt again, not credit or store cards, it was all utility bills, council tax etc that I had lost control of and stuck my head in the sand.

I reluctantly contacted Stepchange last year and they basically saved my life, they are amazing. Please don't worry about speaking to them, they are so helpful and knowledgeable and will help you every step of the way, but you have to keep up the communication with them in order for them to help. I also spoke to my GP about it and was referred for counselling to help with my fears over my money. 

I have just ended my year long moratorium on a DRO and again, I am so much freer and in more control.   

If I may also add, as already mentioned, if your parents don't know yet you are going to have to pluck up the courage and tell them, I know it's hard, but honestly they need to know as you are living in their property. 
The bailiffs  are currently under restrictions themselves because of covid, however if it does get to that point before you manage to get the ball rolling with help, please DO NOT OPEN THE DOOR TO THEM.  Your parents need to know this too, you are not legally bound to let them in and if you open the door I can assure you they will get in.  I basically lived with every door and window locked for three years and looking out of the window every time someone came to the door before speaking or letting anyone in, it was ridiculous and so stressful.

Sorry this is so long winded, however I just wanted to assure you that there is help out there, it may be a bit uncomfortable but you need to reach out and accept the help, you will feel sooo much better. 

sourcrates

Whatever you choose to do, you should crack on with it, all the worry over debt, courts, bailiffs etc can be gone in a few days with bankruptcy, once declared, they have no remedy against you.
Tough choices I agree, but doing nothing isn’t an option, if you have no other assets, and no way of paying these debts, then it might be the best £680 you’ve ever spent.