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what is a debt relief order?
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# 1
magoogy
Old 02-10-2008, 10:00 AM
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Default what is a debt relief order?

have been informed about this and am wondering if anyone has any more information and whether it will be of any help to a few on this board...

Plans to Bring Debt Relief to the Socially Excluded
The Draft Tribunals, Courts and Enforcement Bill published by the Department for Constitutional Affairs (DCA) includes proposals by the Insolvency Service to provide debt relief for people in England and Wales who owe relatively little, have no income and no assets to repay what they owe and cannot afford to make themselves bankrupt.

Debt relief orders are designed to give those who have debts of £15,000 or less, assets of less than £300 and surplus income of less than £50 per month the opportunity to apply for an order that will lead to the debts being discharged after one year.

During that period, people who have a debt relief order will be protected from enforcement action by their creditors and will be subject to similar restrictions to bankruptcy. Those whose financial circumstances improve during the order will be expected to make arrangements to repay their creditors, and there will be civil and criminal penalties for those who abuse the system.

It will only be possible to obtain a debt relief order by applying to the official receiver through an approved intermediary and The Insolvency Service has set up a working group comprising representatives from the advice sector to look at the detail of how this will work.

The Bill will be introduced as soon as parliamentary time allows
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# 2
fermi
Old 02-10-2008, 10:08 AM
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Link: Debt Relief Orders

Quote:
DEBT RELIEF ORDERS - FREQUENTLY ASKED QUESTIONS

The following is correct as at March 2008 but note that processes and legislation are currently under development and the details below may change.

When will debt relief orders (DROs) be available?

It is anticipated that debt relief orders will come into force in April 2009.

Who might DROs be suitable for?

People with relatively low liabilities, little surplus income and few assets and who are currently unable to access other forms of debt relief.

How can I get a DRO?

By seeking financial advice and then if a DRO appears appropriate, an intermediary will complete an application. The intermediary may be the same person that advice was originally sought from, or may be a further advisor that you are referred to once it is considered a DRO is appropriate.

What are the requirements of applying for a debt relief order?

The requirements will be detailed in the secondary legislation, which is not finalised, but the following are anticipated to be the criteria. An applicant must:
  • Be unable to pay their debts.
  • Have unsecured debts of less than £15k.
  • Have assets of less than £300.
  • Have surplus income of less than £50 per month, as defined using common financial statement (1).
  • Be domiciled in England or Wales, or for the last three years have been resident or carrying on business there.
  • Not have an existing Bankruptcy Order, Bankruptcy Restrictions Order or Individual Voluntary Arrangement or have had a Debt Relief Order in the last six years.

How will a DRO be made?

DROs are applied for online, with an approved intermediary completing the application on behalf of the applicant.

Upon receipt of the application and payment of the fee, an Official Receiver is able to make the order, administratively, without the involvement of the court. The Official Receiver will make the order if it appears that the applicant meets the requirements.

The Official Receiver is able to refuse to make an Order or can choose to delay the decision pending further information from the applicant.

Further, the Official Receiver is able to investigate, either on his own account or as the result of an objection from creditors and is able to revoke the order if the debtor is found to have understated assets or income or does not meet the entry criteria or if the debtor doesn’t co-operate.

What are the effects of a DRO?

During the period an order is in force, the debtor will:
  • Be protected from enforcement action by the creditors included in the application (those creditors would need to seek leave from the court to pursue their debts).
  • Be free from those debts at the end of the period (12 months from Order)
  • Be obliged to provide information to and co-operate with the Official Receiver
  • Be expected to make arrangements to repay their creditors should financial circumstances improve
As with other forms of personal insolvency, credit rating will be affected and there will be civil and criminal penalties for those who abuse the system.

What restrictions will be placed upon a person who has a DRO?

For the duration of the Order, the debtor will be subject to similar restrictions to bankruptcy and their details will be on the Individual Insolvency Register on http://www.insolvency.gov.uk

Furthermore the Official Receiver will be able to apply for a Debt Relief Restrictions Order, similar to the bankruptcy restriction order, which will extend the period of restriction for up to fifteen years for debtors who are dishonest or culpable.

I am a creditor and have information to indicate that the debtor does not meet the criteria, what should I do?

Provide that information to the Official Receiver who will consider every valid objection and is able to revoke a DRO if appropriate.

Aren’t DROs just an easy way for people to run up debts then get them written off?

DROs are aimed at people with no assets and a low income with no other access to debt relief and no prospect of the situation improving. If people do have assets or there is a possibility of an improvement in financial circumstances, a DRO is not an appropriate solution and other debt remedies are available.

Whilst the official receiver will not automatically investigate cases, he or she is able to do so. Investigations may lead for example to a revocation of the order or an application to court for a restrictions order, the effect of which is to extend the restrictions placed upon a person under a DRO for a period up to 15 years.

What is an intermediary?

A trained debt advisor who has been approved to act as an intermediary by a ‘competent authority.’

It is anticipated that the intermediary will have completed basic checks on the information provided by the debtor, such as considering paperwork and evidence of income, liabilities. If it is considered that a DRO is suitable in the circumstances detailed by a debtor, the intermediary will complete the online application upon the debtor’s request.

The role of the intermediary is not yet finalised. A working group consisting of representatives from the advice sector has held regular meetings to work out the detail. Minutes of these meetings are available on the insolvency service website.

How can I become an intermediary?

By application to a competent authority. It is expected that intermediaries will already be trained money advisers.

What is a competent authority?

A body designated by the Secretary of State as being able to authorise intermediaries. It will be a matter for the competent authority to determine the suitability of each intermediary that they authorise and to ensure those intermediaries have, for example, appropriate training, experience, complaints procedures, equal opportunities procedures.

How can I become a competent authority?

By application to the Secretary of State. The process is not yet finalised but it is anticipated that it will include evidence to support the requirement that a competent authority will satisfy itself as to the suitability of the intermediaries it authorises.

What stage are developments at?

The primary legislation received Royal Assent in July 2007 and the detail is being finalised, both the secondary legislation and the processes, including development of an IT infrastructure.

New legislation generally comes into force in either April or October of each year. It is anticipated that debt relief orders will come into force in April 2009.

Where can I get more information?

The primary legislation, the Enforcement Courts and Tribunals Act 2007 is available on http://www.opsi.gov.uk (http://www.opsi.gov.uk/acts/acts2007/uk ... 70015_en_1) Debt relief orders appear at clause 108 and are detailed in Schedule 17, page 266 onwards.

Once the secondary legislation is in draft form, it will be available for public viewing on The Insolvency Service website as part of a public consultation.

The original consultation document entitled ‘Relief for the Indebted – An Alternative to Bankruptcy’ is available from http://www.insolvency.gov.uk under the section entitled ‘I am interested in insolvency law, policy changes and evaluation and consultation,’ then follow the link to the consultation register.

The minutes of the Intermediaries Working Groups are available from http://www.insolvency.gov.uk under the section entitled ‘I am interested in insolvency law, policy changes and evaluation and consultation.’
I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards, Loans, and Benefits boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

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Last edited by fermi; 02-10-2008 at 10:11 AM.
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# 3
magoogy
Old 02-10-2008, 10:13 AM
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Default thanks for your help...

thanks fermi....for some reason that was all i could find what i copied and posted...

im hoping this might be of some use then to a few on here - me included...what do you think?

thanks
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# 4
magoogy
Old 02-10-2008, 11:45 AM
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Default can i bump please?

i wanted to bump this thread to see if anyone knows whether this is going to be a good thing or what?

can i have your views on whether this will help or not?

thanks
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# 5
isgman
Old 02-10-2008, 12:07 PM
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bump bump bump bump bump.. Cos I would like to know more...
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:confused: I'm one of those people who was born to have money, :confused:
:confused: but I just don't have any!:confused:
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# 6
magoogy
Old 02-10-2008, 12:32 PM
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Default for the last time lol

final bump before i let this fall off....does anyone think i should rephrase the title and maybe there will be more viewers? or should i let it die as not important?

thanks
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# 7
fermi
Old 02-10-2008, 12:39 PM
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It'll certainly help some people.

Maybe it would be an idea to re-title the thread to make it clear that you are now asking for opinions.
I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards, Loans, and Benefits boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

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# 8
skylight
Old 02-10-2008, 12:40 PM
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Maybe a bump every few days?

It IS important. All debt solutions are important. But as its not even in force yet and its not an option for anyone its not relevant.


Until the final bill is in place I suppose its guess work as to how it will turn out. But my question is exactly who is it going to help? There is nothing there that BR cannot solve. The affect on credit files will be the same and what will the fees be? Cos I am sure it won't be free. So is it being bought in to free up the ORs and examiners who I am sure are snowed under right now and thats not likely to get better for the foreseeable future?


I am a bit concerned that a creditor within those 12 months can still chase a debt if a court allows it. Also, it mentions that the debts must be included in the application - does that mean if you forget something then you are stuffed and they can chase during and after the DRO 12 months is up??

Lots of questions.
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# 9
magoogy
Old 02-10-2008, 12:52 PM
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thanks skylight...you are right - it isnt finalised yet and i never thought of the questions of fees, etc.....really i suppose it is better waiting and seeing maybe?

fermi - when there is more info i will post again and it may be useful to someone - depends how it pans out...

thanks all
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# 10
milliemonster
Old 02-10-2008, 12:53 PM
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Isn't it that you can do this yourself online with not having to go to court like BR?, I agree that there are lots of questions about this as how many people will end up doing this at the click of a mouse without really realising the financial implications and not having taken professional advice?
Aug GC £63.23/£200, Total Savings £0
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# 11
fatbelly
Old 02-10-2008, 7:57 PM
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Quote:
Originally Posted by milliemonster View Post
Isn't it that you can do this yourself online with not having to go to court like BR?, I agree that there are lots of questions about this as how many people will end up doing this at the click of a mouse without really realising the financial implications and not having taken professional advice?
The plan is to take the courts out of the process, to relieve pressure on them , and for the aplication to be made online by a trained and accredited money adviser. So people will receive professional advice and be made aware of the implications. exactly who will be the 'competent authorities' and 'approved intermediaries' doesn't appear to have been thrashed out.

I wouldn't be surprised if the introduction date slips a bit as there still seems to be a lot to set up. And I've heard (but can't find confirmation) that the £300 asset limit is regarded as too tight and will be raised.
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# 12
willowstree
Old 13-11-2008, 9:21 PM
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Default debt relief order

Hi could anyone tell me that with a debt relief order the surplus amount you would have left has to be under £50, is that after you have payed all your debts repayments off every month or after?
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# 13
willowstree
Old 13-11-2008, 9:22 PM
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i mean before you have payed towards your debts every month or after?
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# 14
fatbelly
Old 13-11-2008, 11:08 PM
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Quote:
Originally Posted by willowstree View Post
i mean before you have payed towards your debts every month or after?
You won't be repaying your debts if on a DRO. It's income surplus after essential household expenses.
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# 15
SouthCoast
Old 15-12-2008, 10:41 PM
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Update:

National charity Citizens Advice today warmly welcomed the promise in the Queen’s Speech to introduce a new low cost, out of court insolvency remedy to help people in debt who are too poor to go bankrupt.
But the charity added that it was deeply disappointed that proposals to regulate bailiffs had been ditched.

http://www.citizensadvice.org.uk/ind...s_20061117.htm
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# 16
fatbelly
Old 15-12-2008, 11:44 PM
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Quote:
Originally Posted by SouthCoast View Post
Update:

National charity Citizens Advice today warmly welcomed the promise in the Queen’s Speech to introduce a new low cost, out of court insolvency remedy to help people in debt who are too poor to go bankrupt.
But the charity added that it was deeply disappointed that proposals to regulate bailiffs had been ditched.

http://www.citizensadvice.org.uk/ind...s_20061117.htm
Press release dated 17 November 2006

More recent info:

Quote:
DROs the official estimate of expected applicants

Letter sent to CitA Specialist Support from the Insolvency Service 4/12/08
The Insolvency Service, which is a Government agency and executive branch of The Department for Business, Enterprise and Regulatory Reform, often contacts organisations such as yours in relation to matters that may affect how you and your members operate. As such, I would like to take this opportunity to make you aware of a new form of debt relief.

As a result of a consultation by the Department of Constitutional Affairs in 2004, it was determined that for some people who get into debt, the solutions that are available are not appropriate. As a result of this The Insolvency Service under took a consultation exercise in 2005 to deal with the perceived need to offer a remedy for such people. A proposal was put forward for a non-court based scheme of debt relief aimed at people who have no assets, a relatively low level of liabilities and no surplus income with which to come to an arrangement with creditors.

The existing debt relief remedies either require the debtor to have assets or funds available to distribute to their creditors on a regular basis (for example Individual Voluntary Arrangements, County Court Administration Orders or a non statutory debt management plan) or have financial barriers that make them inaccessible.

Therefore, in order to provide debtors with better access to debt relief, one of the measures introduced by the Tribunals, Courts and Enforcement Act 2007 was a new form of debt relief called a Debt Relief Order (DRO).

DROs are expected to come into force on 6th April 2009. In contrast to other forms of debt relief, DROs are delivered in partnership with debt advisors, primarily from the advice sector. Representatives from the advice sector act as ‘intermediaries’ and assist debtors in making their application for a DRO to The Insolvency Service.

DROs will not be available through the court system. Instead the orders will be made by an Official Receiver, and a separate unit for this purpose is being set up at the Official Receiver’s office in Plymouth. An application for a DRO will be made online, through an authorised intermediary who is a skilled debt advisor.

In order to be eligible for a DRO a debtor must satisfy stringent qualifying conditions, including full disclosure of his income and expenditure. The principle parameters for a DRO are liabilities of less then £15,000, assets under £300 and a disposable income of less then £50 per month. The OR will then carry out certain checks to verify information provided.

The proposed fee for a DRO will be £90.00; this covers the cost of the Official Receiver’s work in administering the application and making the order, and has been set to cover the cost of the actual work involved.

Creditors who are included in the DRO will then be prevented from taking any action to recover or enforce their debts against the debtor. Generally those debts will be discharged at the end of one year.

The Insolvency Service anticipates that there will be within the first year of DRO availability up to 21,000 DRO applications, with a middle estimate of 14,000. It is projected that this will rise to up to a maximum of 43,000 in the second year of operation, with a middle estimate of 26,000.

I enclose for your information a brief ‘DRO background’ sheet. Further information on DROs including FAQ and a link to the primary and draft secondary legislation is available on: http://www.insolvency.gov.uk/insolve...DebtRelief.htm.
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# 17
fatbelly
Old 16-12-2008, 8:07 PM
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Received today - this gives more detail and confirms the 'rumour' I had heard - that vehicles valued under £1000 (on Parkers Guide I believe) will be exempt. Government estimates of take-up are 14000 in the first year, rising to 43000. I believe this is an underestimate and that 60000 would be a better ballpark figure, perhaps even in the first year. And the major creditors are not going to like this!

Quote:
The Official Receiver will not routinely investigate the affairs of debtors subject to a DRO. However the Official Receiver retains significant powers of enquiry and enforcement (ranging from revocation of the DRO to criminal and civil sanction). This may be relevant where, for example, creditors advise the Official Receiver of substantial assets or liabilities not disclosed in the DRO application, but equally investigation may be arbitrary.

Eligibility for a DRO
In order to be eligible for a DRO a debtor must satisfy stringent qualifying conditions, including full disclosure of his income and expenditure. The principle (sic) parameters for a DRO are liabilities of less then £15,000, assets under £300 and a disposable income of less than £50 per month. The Official Receiver will then carry out certain checks to verify information provided. Applicants will be allowed to have a vehicle with a value of less than £1,000.

Payment
The fee for a DRO will be £90.00; this covers the cost of the Official Receiver’s work in administering the application and making the order, and has been set to cover the cost of the actual work involved. The DRO payment can be made by the client via ‘Pay Points’, will be made directly to the Insolvency Service and not to the adviser or their agency. The DRO application can only be finally submitted when full payment has been received by the Insolvency Service. Any money paid can be returned if the applicant does not wish to complete.

In Perspective
Although DRO’s are aimed at providing a cheaper method of seeking debt relief, they are not an easy option to resolving indebtedness. Debtors subject to DRO’s will still be subject to the same restrictions as bankrupts and will only be able to access a DRO once every six years. There will be a lasting impact on the debtor’s credit rating and the DRO will be displayed on the Individual Insolvency Register as currently happens in bankruptcies.

One major difference between bankruptcy and DRO’s is that there is no debtor’s estate when a DRO is made, hence the Official Receiver will have no legal claim over the debtor’s property and will not be seeking to realise assets and pay dividends to creditors. It is a basic requirement of the DRO process that debtors do not have sufficient assets or surplus income to make any realistic payment towards their debts.

Currently 11% of all bankruptcies would have qualified for a Debt Relief Order. The Insolvency Service anticipates that there will be within the first year of DRO availability up to 21,000 DRO applications, with a middle estimate of 14,000. It is projected that this will rise to up to a maximum of 43,000 in the second year of operation, with a middle estimate of 26,000.

From April 09 Debt Relief Orders will be an option for clients to consider and organisations will therefore need to ensure that they are able to provide this service or have suitable referral systems in place to organisations which do.

Further information on DRO’s including FAQ and a link to the primary and draft secondary legislation is available on:
http://www.insolvency.gov.uk/insolve...DebtRelief.htm.

Competent Authorities
The indication is that Competent Authorities will be announced in the New Year. Skilled debt advisers will have to apply to a Competent Authority to be an approved Intermediary. A Competent Authority will have the power to approve or decline the applicant and to continue to assess their suitability as Intermediaries.

Intermediaries
There are statutory conditions attached to becoming an intermediary, for example Intermediaries will need to be:

• Not subject to a bankruptcy or a Bankruptcy Restriction Order
• Able to prove their identity
• Covered by an OFT Consumer Credit Licence (or exempt) and by suitable indemnity insurance
• Suitably trained and experienced
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# 18
fatbelly
Old 02-02-2009, 6:56 PM
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We now know the 'competent authorities' and some training (not enough places!!) is in place for the 'approved intermediaries', heading for a 6th April launch for DROs

The 'competent authorities' are

The National Association of Citizens’ Advice Bureaux (CAB)

The Foundation of Credit Counselling (Consumer Credit Counselling Service)

Institution of Money Advisers (IMA)

Money Advice Trust trading as National Debtline

Totemic Ltd trading as Payplan

and (wait for it):

Baines & Ernst Ltd

I have the utmost respect for five of those six organisations!!
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# 19
cabvol
Old 03-02-2009, 10:17 PM
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Quote:
Originally Posted by fatbelly View Post
We now know the 'competent authorities' and some training (not enough places!!) is in place for the 'approved intermediaries', heading for a 6th April launch for DROs

The 'competent authorities' are

The National Association of Citizens’ Advice Bureaux (CAB)

The Foundation of Credit Counselling (Consumer Credit Counselling Service)

Institution of Money Advisers (IMA)

Money Advice Trust trading as National Debtline

Totemic Ltd trading as Payplan

and (wait for it):

Baines & Ernst Ltd

I have the utmost respect for five of those six organisations!!
Oh really and which one do you not respect?
I have little respect for one of them as well bet it is not the same as you.
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# 20
Voda
Old 09-02-2009, 10:31 AM
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This one maybe ....

http://www.oft.gov.uk/advice_and_res...traders/447/1/

Quote:
Originally Posted by cabvol View Post
Oh really and which one do you not respect?
I have little respect for one of them as well bet it is not the same as you.
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