Debt relief order or bankruptcy

[IvanBarton]

Good morning

I am currently being taken to court for an overpayment of wages. It's not as straight forward as they paid in error so I have to pay back. There's more to it, I genuinely had every reason to believe the money was mine. I am fighting it.

If I am not successful I have to pay the overpayment, the interest, the court costs and the legal costs of the claimant all of which I can't do. I am currently very sick and living off of state benefits which do not go very far and I have nothing left at the end of the week/month.

My question is, should I not win can I then apply straight away for a debt relief order or bankruptcy as I do not have anything to give them and they are not interested in an affordable payment plan, asking for £800 a month back.

I'm very concerned that they will apply to have money taken from my benefits before I get them as I heard they can do this.

Thank you
Ivan

[echat11]

Thanks

Do you think I would be granted the debt relief order for this?

CAB really are the best people to ask -

https://www.citizensadvice.org.uk/de...-relief-order/

[IvanBarton]

Thanks

Do you think I would be granted the debt relief order for this?

[echat11]

It might be a good idea to contact CAB to help you with this, as you are 'very sick', pointless struggling alone.

What you need to do is fill in an income and expenditure form. Take into account the 'cost of living', i.e. energy, food etc.

https://nedcab.cabmoney.org.uk/

A Court will only make you pay what you can afford, so if it's £1 a month so be it.

You might qualify for Court remission on Court fees.