Debt Relief Orders (DRO) - Information & help thread

elfieb

I was told that when my DRO was granted, my creditors were informed on the same day......obviously I didnt expect the OR to ring each creditor, but assumed that a letter of notification was sent.

One of my creditors actually did appeal my DRO, but it was rejected as it was outside of the 30 days.

immoral_angeluk

elfieb wrote: »

I was told that when my DRO was granted, my creditors were informed on the same day......obviously I didnt expect the OR to ring each creditor, but assumed that a letter of notification was sent.

One of my creditors actually did appeal my DRO, but it was rejected as it was outside of the 30 days.

Ideally yes, but not always the case. The OR can do it at any time in the moratorium period but it's not unknown for them to get a backlog and not do it straight away. You should keep a copy of your DRO to show to creditors if they're not informed right away.

immoral_angeluk

Lee_m wrote: »

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

It's as I said then, thought it was but don't have the means to double check out of work. The creditor has 28 days from the date they're notified of the DRO, but dependant on the OR's workload, this can be anytime in the moratorium period.

why?_3

Hi there,

I have been in finacial trouble for a while now, I am in the process of setting up a dmp with payplan. The staff are lovely but things have taken around five weeks so far and we still are not there.

All the while interest is mounting and Im quite sure some of my creditors wont accept the offers and also wont freeze the interest.

When I have money for debts I pay whoever is chasing the hardest. For instance I had about £300 in March so I paid it to shop direct, but then other creditors didnt get any of that but had been paid the month before where as shop direct didnt.

So would things like this count as preferencial treatment, meaning I would get turned down?
My loan always gets paid as its with my bank and they take it from my account even if I dont pay it ....

Its the only way I can see out of my mess right now. I have door step agents threatening to call round and feel dizzy and faint each time I think about my debts as I try to make headsway each day and feel as if I am getting nowhere.

Thanks for reading

immoral_angeluk

why? wrote: »

Hi there,

I have been in finacial trouble for a while now, I am in the process of setting up a dmp with payplan. The staff are lovely but things have taken around five weeks so far and we still are not there.

All the while interest is mounting and Im quite sure some of my creditors wont accept the offers and also wont freeze the interest.

When I have money for debts I pay whoever is chasing the hardest. For instance I had about £300 in March so I paid it to shop direct, but then other creditors didnt get any of that but had been paid the month before where as shop direct didnt.

So would things like this count as preferencial treatment, meaning I would get turned down?
My loan always gets paid as its with my bank and they take it from my account even if I dont pay it ....

Its the only way I can see out of my mess right now. I have door step agents threatening to call round and feel dizzy and faint each time I think about my debts as I try to make headsway each day and feel as if I am getting nowhere.

Thanks for reading

A preference wouldn't mean you were turned down, it would mean that at the discretion of the OR the restrictions imposed by a DRO would be extended past the moratorium period in what's called a Debt Relief Restrictions Undertaking/Order.

fatbelly

why? wrote: »

When I have money for debts I pay whoever is chasing the hardest. For instance I had about £300 in March so I paid it to shop direct, but then other creditors didnt get any of that but had been paid the month before where as shop direct didnt.

I just want to point out that that's a really bad strategy as it encourages the creditor to pressurise you - as you've found out!

immoral_angeluk wrote: »

A preference wouldn't mean you were turned down, it would mean that at the discretion of the OR the restrictions imposed by a DRO would be extended past the moratorium period in what's called a Debt Relief Restrictions Undertaking/Order.

Latest figures:
DROs Approved 17475
Cases Declined 178
Orders Revoked 90
Debt Relief Restrictions Undertakings: 2

IA is perfectly correct but DRRUs are rare beasts, it seems.

immoral_angeluk

fatbelly wrote: »

I just want to point out that that's a really bad strategy as it encourages the creditor to pressurise you - as you've found out!



Latest figures:
DROs Approved 17475
Cases Declined 178
Orders Revoked 90
Debt Relief Restrictions Undertakings: 2

IA is perfectly correct but DRRUs are rare beasts, it seems.

Apparently they rarely actually do checks with DROs. If you're eligible, they'll just grant them and be done with it. But obviously it's best not to take that as gospel as they can and will do checks if they see fit...

samma_2

Hi all,

I asked the question in the link below and have been, very kindly, directed to this thread.

Can anyone help me please?
Thank you

https://forums.moneysavingexpert.com/discussion/comment/35121041#Comment_35121041

Lee_m

samma wrote: »

Hi all,

I asked the question in the link below and have been, very kindly, directed to this thread.

Can anyone help me please?
Thank you

https://forums.moneysavingexpert.com/discussion/comment/35121041#Comment_35121041

Hi Samma,

I used the figures at the bottom of this post and they were accepted by the OR.

http://forums.moneysavingexpert.com/showpost.html?p=35016123&postcount=1322

The 1st link has some of the figures you need. The other links give you additional info on what is allowed and what isn't.

Hope this helps

CCCS_Sue

why? wrote: »

Hi there,

I have been in finacial trouble for a while now, I am in the process of setting up a dmp with payplan. The staff are lovely but things have taken around five weeks so far and we still are not there.

All the while interest is mounting and Im quite sure some of my creditors wont accept the offers and also wont freeze the interest.

When I have money for debts I pay whoever is chasing the hardest. For instance I had about £300 in March so I paid it to shop direct, but then other creditors didnt get any of that but had been paid the month before where as shop direct didnt.

So would things like this count as preferencial treatment, meaning I would get turned down?
My loan always gets paid as its with my bank and they take it from my account even if I dont pay it ....

Its the only way I can see out of my mess right now. I have door step agents threatening to call round and feel dizzy and faint each time I think about my debts as I try to make headsway each day and feel as if I am getting nowhere.Thanks for reading

Hi Why

Whatever is left after paying all your priority bills needs to be worked out on a pro rata basis so that each creditor gets a fair share of any surplus you have.
Once your plan is set up, this is what they should receive anyway.
In the mean time do not be pressured into paying more than you can realistically afford. Even if they do not want to accept your offer, send it anyway.
If you have debts with the bank you are currently banking with, then it is advisable to change to a basic account where you have no debts. This stops the bank taking money from your account to pay their debts without your permission. (The banks ‘right of offset’).
The creditors do not have to stop interest and charges. It is entirely at their discretion.
If they are threatening to send collectors to your house, they do not have any special powers. They are not bailiffs. Sometimes they use collectors as a threat to try and get more money, so try not to worry!

With regards to a DRO, I do not know your full financial details so I would not be able to discuss if this was an option you could consider.
However,I have attached a link for you from our CCCS website which explains the criteria you would need to meet to do a DRO.
http://www.cccs.co.uk/InfoCentre/EnglandandWales/Debtsolutions/Debtrelieforder.aspx

Hope this helps.

Regards
Sue