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    • Also, are you able to get hold of your mother's own bank records which would show the money paid out to the company and then show over a period of years that no money had been paid back to that account?
    • Please will you tell us which company are dealing with. If you are the administrator of the estate then I would start off by sending them an SAR. If you have not informed them of the fact that she is now deceased, then I would suggest that you send an SAR in her name and apparently signed by her in order to avoid any complicating factors. It is certainly going to be difficult to get the money back after so long. However, did she take any action at all to get the money back? Is there any trace of any correspondence between them?  
    • As of today......not a thing! Sod's law that now I have mentioned it I'll probably get a letter in the next few days 😂
    • I have a bit of a dilemma my mum paid for a 3 piece to be made, when it turned up  it was the wrong colour so she sent it straight back to the shop this was now 7 years ago, and it has never been resolved, she became ill  and now she has passed it has only come to our attention that no money has been paid back to her or any other resolution made I have tried emailing them and all I got back is they are a reportable company, and they cannot believe that it has not been resolved, then they said they have changed accountants and all there accounts from 2012 are stored away and cannot be accessed, since that email I have tried on numerous occasions to contact them via email but they have not responded  she paid out over £2000 for this and received nothing back where do I stand in trying to get this back now I look forward to your reply thankyou
    • Thought I would put this on here just to help people avoid the situation I have found myself in.   Been on UC for about a year and a half and back in November found a job which pays a measly 14500 per year but of course is still over the UC threshold!  UC despite promising that I would be paid UC in November due to not being paid until the end of November didn't pay up because HMRC notified the DWP before I received my wages, but the main issue is Council Tax benefit which people need to be aware of.   I was advised by both the Council and DWP not to inform them what my income would be because it would fluctuate the first couple of moths due to not starting at the start of November and the fact that I was put on a temporary tax code, so they both felt that they would wait for HMRC to forward the correct figures rather than me "declare a change".  That was my mistake because for the next couple of months I still received an element of Council Tax benefit.   Then a couple of weeks ago the Council on top of three months nil UC award from the DWP asked for my last two payslips and days later I received a Council Tax bill in the region of £145 per month for February and March.  They then requested my latest pay slip and this morning I received a final bill for 2019/20 for which they were taking £363 by direct debit in March.  I can't afford £100 per month Council Tax let alone £363!!  I rang them and put half on a credit card and paid some via debit to bring March's bill down a bit but it will still be a struggle.   My advice is to be totally on top of this with the Council if you go back to work and lose your UC.  If I had fully known I would have paid extra in the months November, December, January so I didn't get walloped for one lump sum in one month but the letters come through thick and fast and aren't the easiest to understand and you could end up to your neck like me!!   To be honest you are "almost" better off on benefits.  "Make Work Pay" the DWP say.  Yeah right!!!
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Hi

 

My husband has been advised by StepChange that a DRO would be suitable for him and they requested a copy of his credit file from Noddle. We didn't realise his mobile phone would be on the credit file but it makes perfect sense as he pays part airtime part device per month. The problem is because the device is on the credit file it bring his debt over £20,000 by £400.

 

I spoke to the insolvency service today and asked what could be done about this and although they confirmed they could not object to myself or another family member making equal payments to his debts to bring it below the threshold they did not state whether the DRO may or may not be rejected. My husband and I are unsure what to do?

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If your husband meets all of the other criteria for a DRO, there is no reason that his application will be rejected if his debts are reduced to below £20,000.

 

He could start to pay his debts on a pro-rata basis to reduce the amount owed. A third-party such as yourself or another family member does not have to pay the debts on a pro-rata basis as your husband would. If you or someone else pays off his debts pro-rata or as a lump sum to bring the total amount below £20,000, he can go ahead with the application.

 

The insolvency service cannot tell you if the application will be successful as it has to be processed by an approved intermediary.

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Sorry to sound stupid but what do you mean by pro rata?

Although our budget has been done as a family and although I have a credit card balance of £0 would I be able to get a money transer for £400 to bring his debt down to the £20,000?

I don't think the OR is interested in me as it's his DRO and as he can no longer work his debt is a serious problem,

Edited by dx100uk
bold/quote

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Pro-rata payments are payments to creditors based on how much the debt is. The creditor which is owed the largest amount of money receives the largest share of any disposable income available to pay off debt.

 

It ensures that creditors are treated equally and fairly and there is no preference given to any one creditor. It is important that if your husband pays any of his debts that he does so on a pro-rata basis.

 

As a third-party, that does not apply to you, and you can pay off any of his debts however you choose. However, you cannot expect to be repaid any of that money, it must be a gift.

 

If you want to gift your husband £400 and bring his debt below £20,000 so he is eligible for a DRO, it will not cause any issues.

 

If you or your husband have any disposable income and have been in receipt of certain benefits for six months or more, you could consider a Budgeting Loan, which is interest free, instead of a credit card. Repayments would be deducted from your benefits each week until the loan is repaid. You would need to pay debts pro-rata if you received a budgeting loan as it would likely be a joint loan with your husband so considered to be his money and not a gift from a third-party.

https://www.gov.uk/budgeting-help-benefits

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forget about DRO's for now.

 

List all your debts here with as much info as possible. DRO should be a final option. Stepchange are well known for giving bad advice.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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