Received 2 letters today. Have a DRO going through now though.

[citizenB]

Wait whilst one of the other site team look in on you to see if they have any further advice.

[citizenB]

It looks like my information was incorrect. If you have the debt included in the DRO then your stepfather will not be pursued

[mrk123]

t looks like my information was incorrect. If you have the debt included in the DRO then your stepfather will not be pursued

 

Buy the man a drink! I'm sending you beer tokens!

 

So he will definitely not be pursued? Is there a law I can quote in case they try? or will they (council) be aware that they can not?

 

Thanks.

[Andyorch]

http://www.adviceguide.org.uk/wales/debt_w/debt_help_with_debt_e/debt_debt_relief_orders/content_-_while_a_debt_relief_order_is_in_place/creditors_still_contacting_you_-_dros.htm

 

Regards

 

Andy

[GrumpyToSayTheLeast]

Sorry Andy, but that says nothing about the creditor contacting the guarantor. It just says that they shouldn't contact the debtor. The guarantor is fine to chase and after speaking to an insolvency practitioner a few minutes ago, they lead me to believe that they creditor will chase the guarantor.

[Andyorch]

They can chase but once the debt is a matter of the finalised DRO...their chase is irrelevant

 

Andy

[GrumpyToSayTheLeast]

No the debtors get off without having to pay the debt, but the guarantor would still be enforced against for it. The debt doesn't disappear in its entirety, they just cant chase the debtor. Thats the whole point of having a guarantor.

[mrk123]

Is there any loopholes here or anything? Seems like no one is sure here?

[Andyorch]

Im sure mrk...... a debt relief order (DRO) is legally binding, so you're protected from action by creditors who are listed in your DRO....All the creditors that are listed in your DRO are legally bound by it. This means they're not allowed to chase you or the Guarantor for debts covered by the DRO.

 

Andy

[GrumpyToSayTheLeast]

Andy, I'm sorry, but again, I don't believe thats right. I know as we chase guarantors on warrants where they guaranteed payment of the Sums outstanding should the subject be unable/unwilling to pay.

A DRO doesn't nullify the debt, it just remove the subjects liability.

 

The link you supplied said nothing about personal guarantors, and to that end, could you supply some info regarding the law saying that a personal guarantor cannot be chased for a debt that belongs to a debtor in an iva/brupt/dro?

I would advise that as a minimum the op seek legal advise before telling the family member to ignore this.

[Andyorch]

As this is a rent arrears debt issue...and not a loan/credit aggreement..then it would be down to the terms of the lease agreement and the terms of the guarantee...

 

http://www.fieldfisher.com/media/1782056/Enforcing-Against-a-Personal.pdf

[GrumpyToSayTheLeast]

Not forgetting its a COMMERCIAL rent arrears case so very different from home rent arrears.

MRK123 can you possibly post up a copy of the original guarantor statement and the commercial lease agreement? We might be able to clarify further then.

[mrk123]

Hi, not sure exactly where the original lease will be now?

Just checked my main folder and it isn't in there.

 

Is it worth me contacting the council and asking for a lease?

 

Or also talking with them and asking if they will leave the debt off and consider my circumstances? Are they likely to listen?

 

Thanks for all your help so far, really apreciate it.

[id6052]

not sure whether these clarify the situation

 

http://beatmydebt.com/news-articles/will-my-guarantor-loan-be-written-off-if-i-go-bankrupt

 

http://beatmydebt.com/news-articles/can-guarantor-loans-be-included-in-an-iva

[mrk123]

Hi, I have a DRO in place. My advisor was just about to process it but then asked va email..

 

Have you been receiving working tax credit, I was not aware this would be an issue?

 

I was receiving WTC al year, but only £50 a week, though I was not technically self employed, I closed shop in April, but my letter to HMRC was not processed till September.

 

What's the deal here?

 

Is there anything I can talk abotu with my advisor? To ask him to do to make sure this goes through?

[citizenB]

Will try and find someone to help, however in the meantime, why not have a word with National Debtline and see if they can advise further.

 

https://www.nationaldebtline.org/

 

 

There is a free telephone help line on their website somewhere

[mrk123]

Hi there.

 

Any news on this?

 

My advisor is waiting to hear from me.

 

I was thinking if I did not tell them/him, is this something that is checked on the DRO process?

[citizenB]

Have you had a word with National Debtline ?

[mrk123]

I can't ring the 0300 number on my mobile

[citizenB]

I can't ring the 0300 number on my mobile

 

The number is 0800 808 4000 !

 

Alternatively, email them !

[mrk123]

Hi, I have been on here asking about DRO (debt relief order) before, I have one last question.

 

I am hoping my dro goes through fine, possibly know in 2 weeks? Right now I am waiting on some working tax creditsd that were overpaid to be sent to me and added to the dro, but in the mean time i have to wait.

 

I want to know. One of the debts is for rent on my old shop. In order to be accepted for the tennancy my step father had to sign to become guarantor, now, I have asked before if this means he will also be signd off when the DRO passes but no one was sure.

 

I want to know if it's worth me calling the council and pleading with them to drop this all together? I know one of them on a level as such, so maybe I could bend him into doing this??

 

Any suggestions.

 

I will do whatever it takes on this one.

 

Thanks.

[citizenB]

I have sent S.O.S to others on the site team...

[Andyorch]

Numerous threads merged all on the same matter...please refrain from starting new threads on the same point.

 

Andy

[mrk123]

yeah sorry about taht i will know for next time.. makes sense..

[id6052]

they can pursue your father for the debt as the guarantor - unless of course he also gets a DRO or goes bankrupt/etc