The Tribunals, Courts and Enforcement Act 2007 introduced another great alternative to bankruptcy in USA-Debt Relief Order . If you are struggling with several unsecured debts and have no disposable income to pay off, DRO can be the right choice. This has been in vogue since April 2009. DRO is applicable only to the residents of England and Wales.
A DRO has been granted by the Insolvency Services and is a much cheaper debt solutions as compared to bankruptcy. For applying for a DRO:
* Your total debt amount should not exceed £15,000
* Your assets must be less than £300
* You must have less than £50 spare income per month after deducting the normal household expenses
* You must not be subjected to a DRO within the last 6 years.
When it comes to a DRO, you can include almost all your debts as long as it does not exceed £15,000. DRO includes all your priority debts such as rent arrears, energy debts, council tax, VAT, income tax as well as national insurance. In a DRO you must include all your credit debts too. But there are some debts that cannot be included in a DRO such as:
- Magistrates court fines.
- CSA payments and maintenance.
- Student loans
- Secured debts
However there are certain conditions that do not allow you to apply for a DRO.
1. If you are currently in a bankruptcy
2. If you are in an IVA or have applied for an IVA
3. If your creditors have applied for a bankruptcy against you
4. If you are under a Bankruptcy Restrictions Order
5. If you have petitioned for bankruptcy
6. If you are under a Debt Relief Restriction Order or Undertaking
If you want to apply for a DRO, then you will have to apply online through an approved intermediary or a third party. An intermediary is a well-to-do Free Debt Advise who is allowed to complete forms and give advice on DROs. You can look out for intermediaries at your local Citizens Advice Bureau or visit Insolvency website for more information. For a DRO the fee that you have to pay is £90. After making the application along with the fee, the Official Receiver makes the order. The Official Receiver makes the order once he is convinced that you have met all the conditions. Once your order is made, all your creditors will be informed about it and creditors will no longer pursue you for recovering debts. Your DRO will be recorded on the Individual Insolvency Register and will stay on for 15 months.
While you are in a DRO, you must cooperate with the Official Receiver and let him know about all the changes in your financial situation. If you have a DRO to yourself, you cannot obtain a credit of £500 or more. You cannot carry on a business with a different name or be involved in any kind of promotion, management or formation of any limited company or hold public offices. However, your bank account is not frozen. Credit reference agencies will keep your DRO for 6 years on your credit file. After your DRO is over after one year, you will be free from debts that are included in your DRO.
Useful Resources:
Bad debt protection - Debtor Insurance gives you protection against non-payment of invoices. Our services include commercial credit insurance and business credit insurance etc.
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