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Help. £2190 over £30,000 DRO Debt Limit

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  • PHEB1
    PHEB1 Posts: 22 Forumite
    10 Posts First Anniversary Name Dropper
    Yes. I will have to wait another 2 -3 weeks before I can have an appointment with her to see what's happening. That just has me in knots. You are right. A patient person is best for me.
    She seems so busy that I afraid things will get worse and bailiffs will appear at my door in the meantime!
    I may be be focusing too much on worse case. 
    I will try to fo what you have suggested @sourcrates. Just try to send a short message to them.
    Do you think it's wiser to not share any bank account with my spouse?  We already have our paychecks going in separate accounts. However he uses our old joint account for bills etc. My name is still on it as I typically facilitate or pay everything ( Although it's his paycheck). We have a complex home with little ones and special needs. So I manage it all as I'm mum and am main carer.

    In addition he also has his personal account and i have mine ( which my earnings are paid into). I pay my share of bills from my personal account. A major concern is that if we do get to DRO and he finds out before, I am in a better mental health state.  I'm not sure I could handle it. 

    I have a Bounce Back Loan ( sole trader) with 4300 outstanding.  To be brutally honest . Since I had a mental health crisis last summer I have nor worked on my business.  Online retail. I completely shut down as it became a major trigger. Now that I can't pay anything will I have to deal with them in a separate manner? Do I just email them that I am not longer running the business?  Will they force me to bankruptcy? I have about £500 stock left. Do I have to sell them? I can not move and am paralysed it feels. I just need to be free as I try to get better and stand on my own.

    The council tax is in joint names.  My husband is paying the arrears of £700 as it was a council error they said we pay in 6 more instalments from August.  Like I said our money is separate so he is paying it .  The council refuse to remove my name as I am still living here. Worried that my husband's credit will be affected by DRO. Are there any other ways around this? Can I leave it out as i dont pay it. MY name is on it cause we both live together. 

    Thanks in advance for your help 

  • fatbelly
    fatbelly Posts: 22,980 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    It is best that you have no joint financial product i.e. Loan, bank account, as your insolvency would affect his credit.

    Council tax does not appear on a credit file so that doesn't matter - you are jointly liable because you are living together as 'man and wife' (the legislation is quite old fashioned) so after the dro he just continues to pay.

    You are allowed up to 2 k of assets.

    There can be no bailiffs without a defaulted court order and no-one's doing that- or forcing you into bankruptcy
  • PHEB1
    PHEB1 Posts: 22 Forumite
    10 Posts First Anniversary Name Dropper
    Thanks @fatbelly. With the bounce back loan, I heard that the government is very tough on people. With 4300 outstanding.  How would you advise that I approach this. Just wait until the charity contact them. Is it different as this was business?  
    Do I write them separately etc?
    I can not trade at all. 
  • sourcrates
    sourcrates Posts: 31,595 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 5 August 2023 at 3:55PM
    As fatbelly has said, although bankruptcy may be on the statute books, where outstanding debt is concerned, in almost 99% of cases, it just gets sent to a debt collector to chase, which means a few calls and letters.

    Bailiffs as explained above, can only be used after a defaulted court order, and bankruptcy being the most extreme option, which just isn`t used in these circumstances, as it`s far too costly to the creditor.

    Neither of those things will happen, so please put such matters out of your mind.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • I must say these people helping,  are truly inspirational,  I trust everything they say as they helped me in a similar situation...there is a light at the end of the tunnel.  I promise x 
  • fatbelly
    fatbelly Posts: 22,980 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    The bounceback loan ( not exactly appropriately named, was it?) is not an excluded debt - it just gets listed along with the others
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 August 2023 at 1:16PM
    One thing to remember is that people who lend money are businesses - and you need to be realistic in business.  They will know that if you don't have the money then they won't be paid back.


    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • PHEB1
    PHEB1 Posts: 22 Forumite
    10 Posts First Anniversary Name Dropper
    As fatbelly has said, although bankruptcy may be on the statute books, where outstanding debt is concerned, in almost 99% of cases, it just gets sent to a debt collector to chase, which means a few calls and letters.

    Bailiffs as explained above, can only be used after a defaulted court order, and bankruptcy being the most extreme option, which just isn`t used in these circumstances, as it`s far too costly to the creditor.

    Neither of those things will happen, so please put such matters out of your mind.
    That is such a reassuring thing to hear.   I will try to write them to say I am getting help. That will take a lot mentally but am trying to fight to keep my head up.
    I am continuing to wait so hopefully hear from tge debt lady before end of August.  Living with huge knot in your stomach every moment of each day. 
    I really appreciate this time you have taken to respond.
  • PHEB1
    PHEB1 Posts: 22 Forumite
    10 Posts First Anniversary Name Dropper
    edited 5 August 2023 at 4:13PM
    fatbelly said:
    The bounceback loan ( not exactly appropriately named, was it?) is not an excluded debt - it just gets listed along with the others
    Ok I will treat them as other store cards. The guilt and shame is horrendous. Thanks for your clear words of wisdom. 
  • PHEB1
    PHEB1 Posts: 22 Forumite
    10 Posts First Anniversary Name Dropper
    I must say these people helping,  are truly inspirational,  I trust everything they say as they helped me in a similar situation...there is a light at the end of the tunnel.  I promise x 
    it's hard to be positive when you feel like you been in a grey fog for so long. It's giving hope to hear from people willing to educate. 
    Were you successful with write off or DRO?

    Thanks for the encouragement 🙏🏾. 

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