Hi there I have a few questions

KazzaR

Hi there everyone

I’ve been reading these posts for a few weeks as I’ve been going through the process of a DRO which has finally been put together by Pay Plan, they have been absolutely amazing all the way through they helped me with my anxiety and always put my mind at rest when I had queries. 
I have paid the £90 so I guess it’s a waiting game now.

My only worry is, what happens if the original creditor (some were many years old) had sold the debt to an agency but I wasn’t aware? The original creditors are listed in my DRO but I’m scared il still get letters saying I still owe it if it were sold to an agency. Would I still be liable for it? I’m a bit of a worry wort and I over analyse everything!!!🙈 thank god for these forums they have helped me relax and can relate to a lot of the posts here.

also when should I apply for a basic bank account as my current one has gone into the DRO as I have an overdraft. Should I wait until the DRO has been approved?

I am anxious to get it all over with and await my fresh start 😊

Thanks guys

Kaz

KazzaR

I just spoke to payplan and they confirmed my application will be submitted today I just want this nightmare behind me!!!!🙈

sourcrates

Hi,

OK, R E L A X, thats the hard part over with, You can apply for a new bank account whenever you want, obviously pick a bank with whom you have no debt, Nationwide/Monzo/COOP are all good choices.

Debts are bought and sold all the time, if one or more of yours is sold, the buyer will write to you, its very simple, you write back and inform them of your DRO, you are not liable, you are covered by the terms of your DRO whoever owns the debts.

Enclose a copy of your DRO paperwork ideally showing the particular debt, include your ref number, that should be it.

Try not to overthink things, a Debt Relief Order gives you legal protection from your creditors as long as you complete the 12 months monotorium period, without any changes to your circumstances.

Makes no difference what a creditor may or may not say to you, they have no remedy against you for any of these debts as long as the above is adhered too.

fatbelly

That's right. 

You used to get a thing called Debtor's Notice (DEBTNOT) in the post as confirmation/proof of the DRO.

I think these days Payplan will give the DRO Unit your email and you'll get the document that way.

Keep it safe because if anyone contacts you your response is 'it's in a DRO - have a look at this.'

Bear in mind that they are still allowed to write to you during the 12 months - they just can't ask you for payment - and that it may take a couple of weeks before everyone gets the message. Local councils are often particularly slow but get there eventually.

KazzaR

Hi

thankyou both for your replies it really has set my mind at rest!!!! I am so thankful I found these forums!!!!

thanks again😊😊

KazzaR

Hi again, I just wondered if someone here could put my mind at rest... one of my debts listed in the DRO is hmrc which was tax credit over payments. The amount is huge it’s £4000 ish. They claim that I didn’t report a change of circumstances so therefore believe I owe the money. I was given another charge on top of that of a penalty as I apparently did t report the change. Anyway I’ve gone through this with payplan and they said it will be fine and can be included in the DRO. I was never done for fraudulent behaviour that word has never come my way. However I’m still so worried they may reject my dro? PayPlan have assured me I shouldn’t have anything to worry about but I still am😪 I don’t sleep at the moment due to the anxiety I spoke to PP today and they said I should have my approval by Thursday this week. Should I be concerned about that debt? PayPlan Weren’t and happily included it. I sent them the penalty notice aswell and they said I need to stop worrying. 

Anyone here ever heard of a similar thing? 

I just want to clarify I wasn’t and have never been guilty of fraud.

Thanks for any replies I just want to look forward now 😣

Kaz x

fatbelly

It will not stop the DRO (we put these sorts of debts through al the time) and you should not be paying this during the 12 months.

As you say, whether is is then cleared at the end of the 12 months, or whether it can then be collected, depends on whether it is fraudulent or not.

There are three definitions of fraud:

• Found guilty by a court
• Admitted fraud in an interview under caution
• accepted an administrative penalty as an alternative to prosecution

It does sound like it may come under point three but you shouldn't worry about it at this stage.

KazzaR

Hi fatbelly

thanks so much for your response I literally have been losing sleep😳 but I’ve been honest with payplan and they certainly don’t see a problem. I was just worried hmrc may reject. 

I have certainly learnt a lesson with all my debt... £15k+ over a number  of years. I will 100% see this (if approved) as a massive learning curve. I do not want to live like this anymore

kaz x

KazzaR

fatbelly said:

It will not stop the DRO (we put these sorts of debts through al the time) and you should not be paying this during the 12 months.

As you say, whether is is then cleared at the end of the 12 months, or whether it can then be collected, depends on whether it is fraudulent or not.

There are three definitions of fraud:

• Found guilty by a court
• Admitted fraud in an interview under caution
• accepted an administrative penalty as an alternative to prosecution

It does sound like it may come under point three but you shouldn't worry about it at this stage.

So point 3 should I worry? What will happen to me? Will I still be likeable after the 12 months if they decide?

im sorry I am just so stressed over it all.

kaz x

KazzaR

Liable not likeable lol🙈

fatbelly

No point worrying. If that was an administrative penalty then the deductions can recommence after 12 months.

You will need to keep an  eye open if you are having deductions at the moment that they do stop. HMRC usually transfer the debt to DWP for collection and then DWP don't get the message about the DRO