Dealing With Debts, Options Explained
- Full and Final Settlement Offers
- Consolidation Loan / Re-finance / Mortgage
- Administration Order
- Debt Management Plan (DMP)
- Debt Relief Order (DRO)
- Individual Voluntary Arrangement (IVA)
- Bankruptcy
e) Debt Relief Order (DRO)
A Debt Relief Order (DRO) is a formal debt solution and may be suitable for those with relatively low liabilities, little surplus income, few assets and are currently unable to access other forms of debt relief.
To qualify for a Debt Relief Order (DRO) a debtor must:
- be unable to pay their debts
- have total unsecured liabilities of no more than £15000
- not have more than £300 in assets (this includes houses & pension FUNDS)
- have disposable income of less than £50 per month
- not own a vehicle (car / motorbike) that exceeds £1000 in value
- be domiciled in England or Wales, or in the last 3 years have been a resident or carrying on in business in England or Wales
- not have been subject to a Debt Relief Order (DRO) within the last 6 Years
- not be involved in another formal insolvency debt procedure such as undischarged bankrupt, subject to a current BRU / BRO, current Individual Voluntary Arrangement (IVA)
Debt Relief Orders (DROs) are applied for with the help of an Approved Intermediary and will last for 1 year after which the debtor will be released from their debts (with some exceptions)
Some pros
- debts written off at the end of the Debt Relief Order (with possible certain exceptions)
- none of the creditors listed in the DRO can take further action without the courts permission
- allows the debtor to make a genuine fresh start after 1 year
- affordable fee (£90) and can be paid in instalments
- allowed to keep a vehicle (car / motorbike) up to the value of £1000
Some cons
- details of DROs are entered on the Insolvency Service Public Register
- the DRO could be revoked (withdrawn) if the debtor does not co-operate with Official Receiver during the time the DRO is in force
- the debtors employment may be affected
- damaged credit rating / committing an offence if the debtor obtains credit of £500 or more without disclosing that they are subject to an IVA
- a debtor may have a restriction order (2 to 15 years) made against them if they are deemed to have acted irresponsibly, recklessly or dishonestly
- the debtor cannot act as a director of a company or be involved in its management unless the court agrees
- certain debts cannot be include - for example - student loans, fines, child maintenance, criminal injuries
- if your financial circumstances improve during the period of the DRO (eg. if you find employment) your DRO may face being revoked