Advice needed please - letter from Restons
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CurlySue2017 wrote: »It is Stepchange that are doing the DRO for him, I have no idea what timescale they are running to though.
For now, we have telephoned the court for advice who have told us to e-mail them (not post a letter - is this right??) requesting a reconsideration - which should mean a hearing in which he can make his case.
Can you (or anyone) just give me an idea of how this process now works?
The ordered payments won't be made no matter what happens, it just isn't possible, so what happens then? How long will it take them to apply for an AOE or bailiffs when nothing is paid?
The reason we are so worried is that his employment is relatively new and if they start receiving requests to attach his earnings, they may well decide to let him go, which of course will just make things a million times worse.
I am sorry that I seem panicked......it is because I am! I know that everyone will say they have no real power and not to worry, but we can't help but be scared.
Stop panicking, the court process can take a long time, its impossible to say how long, it depends if the creditor wants to spend more money enforcing the debt or not.
Sending the creditor a letter informing them of your impending DRO may stop action altogether, they will not throw away more money just to lose it to 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-letter0 -
sourcrates wrote: »Stop panicking, the court process can take a long time, its impossible to say how long, it depends if the creditor wants to spend more money enforcing the debt or not.
Sending the creditor a letter informing them of your impending DRO may stop action altogether, they will not throw away more money just to lose it to insolvency.
With all due respect, it is very difficult to "stop panicking" ....... that's like going to the doctors and telling them you are depressed and them saying "pull yourself together" ...... it just does not work that way.
I understand the panic may not be warranted, but I am not experienced in these matters and so it is all very scary, particularly as I am anxious anyway.
The court process doesn't sem to be taking long at all to be honest, it has taken them less than two weeks to decide that my OH should pay £400 per month out of a budget that is in deficit!
I am very grateful for all advice received so far and do not want anyone to think otherwise.
But if anyone could answer my question in regards to an e-mail being acceptable to the courts rather than a posted letter, I would really appreciate it.0 -
CurlySue2017 wrote: »It is Stepchange that are doing the DRO for him, I have no idea what timescale they are running to though.
For now, we have telephoned the court for advice who have told us to e-mail them (not post a letter - is this right??) requesting a reconsideration - which should mean a hearing in which he can make his case.
Can you (or anyone) just give me an idea of how this process now works?
The ordered payments won't be made no matter what happens, it just isn't possible, so what happens then? How long will it take them to apply for an AOE or bailiffs when nothing is paid?
The reason we are so worried is that his employment is relatively new and if they start receiving requests to attach his earnings, they may well decide to let him go, which of course will just make things a million times worse.
I am sorry that I seem panicked......it is because I am! I know that everyone will say they have no real power and not to worry, but we can't help but be scared.
That is correct - there is a right to a mandatory reconsideration without fee if made within 14 days of a judgement and if it was done without a hearing. Might as well do that to slow things down. I would use a letter, and there is an old post about this that I will dig out and link to at the end.sourcrates wrote: »Sending the creditor a letter informing them of your impending DRO may stop action altogether, they will not throw away more money just to lose it to insolvency.
On the other hand, if there is any vindictiveness involved, they may speed things up as they would know their time is short before they are blocked by the DRO. I usually tell people not to flag it up but to 'let it be a nice surprise to them'CurlySue2017 wrote: »With all due respect, it is very difficult to "stop panicking" ....... that's like going to the doctors and telling them you are depressed and them saying "pull yourself together" ...... it just does not work that way.
I understand the panic may not be warranted, but I am not experienced in these matters and so it is all very scary, particularly as I am anxious anyway.
The court process doesn't sem to be taking long at all to be honest, it has taken them less than two weeks to decide that my OH should pay £400 per month out of a budget that is in deficit!
I am very grateful for all advice received so far and do not want anyone to think otherwise.
But if anyone could answer my question in regards to an e-mail being acceptable to the courts rather than a posted letter, I would really appreciate it.
It's not easy even for those of us that use it a lot!
Here's your link
https://forums.moneysavingexpert.com/showpost.php?p=33633191&postcount=20 -
That is correct - there is a right to a mandatory reconsideration without fee if made within 14 days of a judgement and if it was done without a hearing. Might as well do that to slow things down. I would use a letter, and there is an old post about this that I will dig out and link to at the end.
On the other hand, if there is any vindictiveness involved, they may speed things up as they would know their time is short before they are blocked by the DRO. I usually tell people not to flag it up but to 'let it be a nice surprise to them'
It's not easy even for those of us that use it a lot!
Here's your link
https://forums.moneysavingexpert.com/showpost.php?p=33633191&postcount=2
Thankyou so much, I really appreciate it.0 -
CurlySue2017 wrote: »Thankyou so much, I really appreciate it.
Wasn't meant in the corporal Jones way, i was just trying to reassure you that this thing is solvable, fatbelly may be right about not telling them actually.
Good luck, and i hope all goes well for you.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 -
sourcrates wrote: »Wasn't meant in the corporal Jones way, i was just trying to reassure you that this thing is solvable, fatbelly may be right about not telling them actually.
Good luck, and i hope all goes well for you.
Thank you. As I said I really do appreciate all of the advice everyone has given.
I will admit I am more "sensitive" than usual just now because of all this and am becoming upset at the silliest of things. There was no offence meant in my reply to you, I appreciate all of your advice
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We have now received notice in response to our letters that this matter has been transferred to the local court for a hearing. But that's all it says, so I assume that we just wait now for the local court to contact us?
This has thrown up another couple of questions (sorry!)
1. Because the original order was for payment by the 12th August, do we still have to try and find that payment if the hearing hasn't happened by then? Or does this hold things until the hearing has been conducted? (My parents have agreed that they can help us with this if absolutely needed)
2. What happens at the hearing? Will we need to take anything with us? Will I be able to attend with him seeing as I am the one that has handled all of this so far? OH really struggles in these situations and this is worrying me.
Thank you again!0 -
Yes, the court will contact you with the date.CurlySue2017 wrote: »We have now received notice in response to our letters that this matter has been transferred to the local court for a hearing. But that's all it says, so I assume that we just wait now for the local court to contact us?
This has thrown up another couple of questions (sorry!)
1. Because the original order was for payment by the 12th August, do we still have to try and find that payment if the hearing hasn't happened by then? Or does this hold things until the hearing has been conducted? (My parents have agreed that they can help us with this if absolutely needed)
2. What happens at the hearing? Will we need to take anything with us? Will I be able to attend with him seeing as I am the one that has handled all of this so far? OH really struggles in these situations and this is worrying me.
Thank you again!
If you default on a court order, normally the creditor has enforcement options. But the court would hold back any such request if there is a redetermination hearing planned. So don't pay anything for now.
The hearing will be in what they call 'chambers' basically just a room with you, the judge and someone from the claimant. Take your income/expenditure statement with you. You can speak for your husband providing the judge is OK with that. The ones I attended were always fairly relaxed but I may have had particularly 'relaxed' judges.0 -
Thankyou.
Currently praying for the DRO to be granted!0 -
I haven't posted in a while because there has not really been any update and I didn't want to "pad" the thread just incase reading through it helps anyone else, easier to keep to the facts.
There is now an update but first, I just wanted to say thank you again to the people that have offered help and advice, inparticular @fatbelly and @sourcrates, for taking the time to answer our questions and also putting up with my occasional emotional outbursts.....sorry about that.....it has been very stressful indeed
OH has now received the final DRO application (with barcode) that we just need to check, we then have to find the fee and fingers crossed, it will be done.
However today OH has started to get calls from Restons (he hasn't answered) and we are unsure what to do....is it best to just ignore and wait for the DRO to be finalised at this stage?
Also do we keep this same thread going, or start a new one in the DRO section for any questions that we may have relating to this now that I suspect they will be more directly DRO related? 0
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