Debt Relief Orders (DRO) - Information & help thread

imatt

Thanks fatbelly. I am in credit with this particular account.

Lee_m

fatbelly wrote: »

No

Having a 'facility' doesn't count as a debt. But if he's actually overdrawn then it does, and should be included.

I guess the CCCS guy is trying to prevent that possibility. I wouldn't have bothered.

Hi fb,

What happens if he goes into the OD after the DRO has been granted?

immoral_angeluk

ladyday wrote: »

Lee_m's post above states that CAB cross-referenced all three credit reports, do CCCS cross-reference all three as well ?

It's not the CAB as a whole, it depends on the practice of your particular caseworker. Some only go for experian, some do all 3.

immoral_angeluk

Lee_m wrote: »

Hi fb,

What happens if he goes into the OD after the DRO has been granted?

Then he is liable for it, as per any debt accrued after the DRO has been granted.

Lee_m

I was wondering if anyone knows how long a creditor has to oppose / challenge the granting of a DRO. Is it the whole moratorium period or less?

Many thanks

immoral_angeluk

Lee_m wrote: »

I was wondering if anyone knows how long a creditor has to oppose / challenge the granting of a DRO. Is it the whole moratorium period or less?

Many thanks

If my memory serves me rightly, they have 28 days from being notified of the DRO (which can be anytime in the moratorium period). But double check as I haven't got time to clarify 100% as I'm off out.

imatt

Good question!

elfieb

Lee_m wrote: »

I was wondering if anyone knows how long a creditor has to oppose / challenge the granting of a DRO. Is it the whole moratorium period or less?

Many thanks

30 days from the granting of the DRO.

Lee_m

immoral_angeluk wrote: »

If my memory serves me rightly, they have 28 days from being notified of the DRO (which can be anytime in the moratorium period). But double check as I haven't got time to clarify 100% as I'm off out.

Hi immoral_angeluk,

thanks for your reply. You mentioned you're off out (have a nice evening!), but maybe someone else can clarify the following I found on the opsi site:

====================

Creditor’s objection
5A.14.—(1) In this Rule, “creditor” means a person specified in a debt relief order as a creditor to whom a specified qualifying debt is owed.
(2) A creditor who wishes to object to—
(a) the making of an order;
(b) the inclusion of the debt in the list of the debtor’s qualifying debts; or
(c) the details of the debt specified in the order,
must object in writing to the official receiver in accordance with this Rule.
(3) For an objection to be considered by the official receiver, it must be made during the moratorium period relating to the order and within 28 days of the date on which the creditor was notified of the making of the order and must include—

====================

Sorry I'm a bit confused by the above rule.

How long does it normally take for the OR to notify the creditors?

As the way I'm reading it, if for example the creditors received notification 14 days after the granting of the order then they would only have a further 28 thereafter to oppose the order. And then after that no challenge could be made.

However, looking at the rule the OR actually has the full 12 months to tell the creditors. I was only granted my order last Friday and don't expect the info to have filtered through to them yet, but we are (without exageration) receiving a minimum 50 - 60 calls a day at the moment.

Thanks

Lee_m

elfieb wrote: »

30 days from the granting of the DRO.

Sorry, elfieb we cross-posted. I've elaborated on what I mean above.