Hceo iva
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Hi
On behalf of my step daughter.
She basically has got herself into a mess.
This is what I have managed to work out from her situation.
The local water authority passed her areas to a company who took the case of monies owed to county court,
She agreed a payment plan with them.
She sincerely believed that this the only money she needed to pay to the local water authority.
Then she started getting letters direct from the water authority stating she owed them money.
So she phoned them up and told them that she was already paying money for water rates to someone else, they obviously don’t accept this. So she done the worst thing she could of done. She stopped the money for the CCJ and has paid nothing to southern water since she has ignored every letter sent out and HCEO contacted her on Friday to give her seven days notice To collect the payment in full.
She has other debts and has not been able to manage her money.
I have been on step change today they recommended bankruptcy or IVA but this does not take care of HCEO. It does leave her £286 per month to pay towards the enforcement.
She didn’t have this money before but was last week awarded £330 per month for her 5 year olds severe autism she has coped with out this money for 5 years. The total amount to clear the debt is £1846. Her husband works she cares full time for the 5 year old. Is she allowed to use this money to pay the HCE and how likely is it they will accept instalments of £286 per month
On behalf of my step daughter.
She basically has got herself into a mess.
This is what I have managed to work out from her situation.
The local water authority passed her areas to a company who took the case of monies owed to county court,
She agreed a payment plan with them.
She sincerely believed that this the only money she needed to pay to the local water authority.
Then she started getting letters direct from the water authority stating she owed them money.
So she phoned them up and told them that she was already paying money for water rates to someone else, they obviously don’t accept this. So she done the worst thing she could of done. She stopped the money for the CCJ and has paid nothing to southern water since she has ignored every letter sent out and HCEO contacted her on Friday to give her seven days notice To collect the payment in full.
She has other debts and has not been able to manage her money.
I have been on step change today they recommended bankruptcy or IVA but this does not take care of HCEO. It does leave her £286 per month to pay towards the enforcement.
She didn’t have this money before but was last week awarded £330 per month for her 5 year olds severe autism she has coped with out this money for 5 years. The total amount to clear the debt is £1846. Her husband works she cares full time for the 5 year old. Is she allowed to use this money to pay the HCE and how likely is it they will accept instalments of £286 per month
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Comments
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An HCEO has no greater powers than any other bailiff. If he has not taken control of an asset worth £1846 then he can be ignored and she should proceed with the course of action recommended by the debt adviser, assuming that advice is correct, which you would hope it would be.
The water debt would be a normal qualifying debt and would be dealt with by insolvency.
Provided she does not own property or any other valuable asset then I don't see the advantage of an IVA over bankruptcy0 -
Thank you for your reply
We are waiting on advice from step change.
Ok I made an error here as I thought the water bill would not be included in a bankruptcy.
I believed that she would pay her BR fee and still be left with the HCEO bill that said I!!!8217;m not sure if we could get her filed for bankruptcy that quick.
I will get her to discuss this with step change tomorrow thanks again0 -
Almost any debt can be included in Bankruptcy, it’s a very quick process, all done on line, over the phone, and by post now, no requirement to appear in court.
The decision to go bankrupt should not taken lightly, but if it’s recommended, then I see no reason not to.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-letter0
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