Advice needed please - letter from Restons

Options
135678

Comments

  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    edited 1 June 2018 at 2:59PM
    Options
    Oh absolutely, that is what I am trying to avoid.

    We will do everything we can to sort this out, but are on a tight budget as it is so there is not much wiggle room.

    Will spend this weekend budgeting and seeing where we can make any changes and see what arrives in the post following the letters that we have sent.


    It never rains but it pours......:(


    Thank you so much for all the advice so far :) I will almost certainly be back
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    Options
    Just a bit of an update.

    There has still been no word back from Restons yet, but in the meantime myself and OH have had some long, difficult and emotional conversations about the situation.

    We have been speaking to Stepchange - who I must say have been absolutely wonderful - and they have advised us on the options available to my OH.

    Still putting together budgets at this stage and although nothing else has arrived chasing him up, we are both (but especially me) feeling very, very anxious indeed.

    I'm terrified of the unknowns of all of this and as I said, Stepchange have been wonderful at re-assuring us but I can't sleep at night with worry, I can't face food and just have no motivation to do anything....this is taking over my life and it isn't even my debt :(

    So not really any update, more of a "getting it off my chest" post.
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    edited 8 June 2018 at 2:32PM
    Options
    A quick question if I may.....

    After speaking to both National Debtline and Stepchange about this, we have been given different advice, so could anyone with experience or knowledge clarify please?

    ND have told us that we have to do a full household budget, with my income included. They also said that I was not allowed to include my own debts, only household expenses.....this seems very wrong to me.

    However SC have said that we should only include OH's income and expenses.

    Now this is entirely his debt from before we knew eachother and although I am helping him sort it out, I do not want any of the responsibility of this debt to fall to me, hence I am very uncomfortable about giving my income details.

    Could someone clarify please, we are urgently trying to gather budget information but we are stuck on this.
  • fatbelly
    fatbelly Posts: 20,504 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Options
    Both are wrong.

    If you are trying to calculate how much you can afford to pay toward these debts then including your income but not your contractual obligations will not produce a valid figure.

    Equally if only using husband's figures when you are willing to contribute may produce a figure too small to be accepted by Arrow, if that's what you are trying to do.

    Some questions:

    Have you now accepted that these debts are valid? Obviously starting paying them weakens any arguments you might want to have.

    These debt total 14k. Does he have any other debts?

    If you do not help him at all, how much could he offer per month in payment across both debts?

    Is he a property owner? There's a specific reason I'm asking that.
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    edited 8 June 2018 at 4:41PM
    Options
    fatbelly wrote: »
    Both are wrong.

    If you are trying to calculate how much you can afford to pay toward these debts then including your income but not your contractual obligations will not produce a valid figure.

    Equally if only using husband's figures when you are willing to contribute may produce a figure too small to be accepted by Arrow, if that's what you are trying to do.

    Sorry, I should have been clearer. I am helping him because he isn't really capable of sorting this himself as in speaking to people and understanding what they tell him. I am doing as much as I can to speak to people on his behalff but I am not helping him financially with this in any way, I can't afford to, so there will be no financial contribution from me.

    Some questions:

    Have you now accepted that these debts are valid? Obviously starting paying them weakens any arguments you might want to have.

    Technically no, but the CCJ's are already in place and I understand that asking for a set aside attracts quite a large fee and also needs a pretty solid defence and I am not sure that OH can produce this.

    These debt total 14k. Does he have any other debts?

    Not that we are aware of at the moment but this is possible yes, we are doing full credit checks to make sure, as advised by Stepchange.

    If you do not help him at all, how much could he offer per month in payment across both debts?

    Nothing - we have been through a budget (just for him) with Stepchange and there was already a shortfall.

    Is he a property owner? There's a specific reason I'm asking that.

    No, neither of us are.


    Thanks for responding so quickly.


    ETA: I also wanted to add that after reading about this, I am incredibly worried about bailiffs turning up at our address.....how likely is this to happen without prior warning?
  • sourcrates
    sourcrates Posts: 28,887 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Options
    fatbelly wrote: »
    Is he a property owner? There's a specific reason I'm asking that.


    I think Fatbelly may be considering a DRO (debt relief order).


    14k of debt with no assets or means to repay.


    As long as he does not have a car worth more than £1000 its a no brainer.


    CCJ`s would be extinguished under insolvency.
    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
  • fatbelly
    fatbelly Posts: 20,504 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    edited 8 June 2018 at 9:16PM
    Options
    Sorry - been busy in the garden for a few hours.

    That's exactly what I'm thinking

    It's a get out of jail free card (well, costs £90) but you can only use it once per 6 years.

    Info here:

    https://www.gov.uk/government/publications/getting-a-debt-relief-order/getting-a-debt-relief-order

    Edit: stepchange can do them, getting credit reports is part of the process, and any debt that is dug up can be buried in the DRO, provided the total does not exceed 20k.
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    Options
    Thankyou @fatbelly and @sourcrates, your advice has been invaluable.


    After speaking to Stepchange I also think the best solution for him will be the DRO, we really can't see any other way to get him on top of this debt sadly.
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    Options
    Just to keep this thread updated, just incase it can help anyone else and also to ask a quick question.

    OH is now in the process of gathering all the correct information and finding the fee for a DRO application.

    In the meantime, he is sending the N245 for both CCJ's to apply to make payments of £1 per month (as advised by Stepchange because there is a defecit in his budget at the moment) so that this will stop enforcement action whilst we gather information for the DRO - is this correct?

    Apologies if I am asking the same questions, my head is not is a good place at the moment!
  • fatbelly
    fatbelly Posts: 20,504 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Options
    That's OK - I wouldn't spend money on it, though. If you can get full remission using an EX160, that's fine. Otherwise just concentrate on getting the £90 for the DRO
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards