Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
Public Funding for Criminal Cases
Do Bailiffs Have Any Legal Power
Collective and Enforcement Insolvency
Individual Voluntary Agreements
Supreme Courts Ruling Bank Charges
Refunds of Any Bank Reimbursement
Reducing Capital Gains Tax Liability
Reclaim Payment Protection Insurance
Cancelling Payment Protection Insurance
Debt Relief Orders (DROs) came into force in the UK on 6th April 2009. Issued by the Government’s Insolvency Service, they are aimed at offering financial aid to those with debt, as a quicker and cheaper alternative to declaring bankruptcy. They are also available to assist people who have been turned down for an Individual Voluntary Agreement (IVA) or a Debt Management Plan (DMP)
DROs are available to those with a low income, few assets and who will otherwise struggle to pay off a debt within a reasonable amount of time. A DRO provides a legally binding alternative to an IVA or DMP where a debtor is unable to repay a debt via any other existing means.
DROs are available to those who:
DROs are designed to benefit those who do not own their own home, have low income and/ or have no realisable assets of a value of more than £300. They may also be dependent on State Benefits or be in debt due to a crisis or accident and wish to pay off their debts but simply cannot.
A DRO costs £90, which is a considerably cheaper solution to debt problems than filing for bankruptcy. Many of the features and processes of DROs are similar to those of bankruptcy, but have been modified to be more cost-efficient.
During the period in which a DRO is active, you will be fully protected from enforcement action by the creditors included in the application. However, this will exclude those creditors whose debts cannot be scheduled in the DRO, and also those creditors whose debts have been included in the DRO but have obtained leave from the court to pursue their debts.
Following a DRO, you will be free from the included debts (normally a 12 month period). You will then be expected to make arrangements to repay creditors should your financial circumstances have improved.
Yes. For the duration of the order, you may not:
If you apply for a DRO, your credit rating will be affected. There are also civil and criminal penalties for those making fraudulent or misleading claims. The creditors will have the right to begin reclaiming funds (similar to the bankruptcy process) if it is found that the application was fraudulent or if the debtor receives a windfall payment. You should be aware that your details will also be publicly available on the Individual Insolvency Register on the government’s Insolvency Service website.
It is only possible to apply for a DRO via an Approved Intermediary and Competent Authorities. These are normally experienced debt advisors working through organisations such as the Citizen’s Advice Bureau or the Consumer Credit Counselling Service. They will review the information and make a decision regarding eligibility before filing the DRO application online. You will not be charged by an Intermediary for completion or submission of your application.
Ask your legal question using the box below and have a response from solicitor or barrister within minutes.