Debt Relief Orders (DRO) - Information & help thread

I_am_a_legal_blagger!!!!!

Is it possible to get a bank account if you have a DRO...or are going down the DRO route

North_East_Derbyshire_CAB

debt_doctor wrote: »

Thanks NED CAB,

I wont have access to that until Tuesday, but is very alarming from what you say. Pensions never got a mention in any of the DRO training we received.

So even if, say, you opted out of SERPS in the 80's you cant have a DRO ??:eek:

DD

Hi DD.

No, dont think there was any mention at the training.

We have recently received this info on assets / pensions which you may also have read ?

'pension funds are deemed to be 'property' within the meaning of section 436 of the IA 1986 and therefore must be counted toward the gross asset value of £300.

The decision basically revolves around the vesting of an estate in bankruptcy and section 11 of the welfare reform act 1999 (WRA) which excludes from a bankrupts estate any rights under an 'approved pension arrangement'. However in DROs, as you are aware, there is no vesting of the estate and section 11 of the WRA does not apply to Debt Relief Orders , the exclusion would have to be drafted differently since there is no estate from which rights may be excluded in DROs.

So there we 'appear' to have it ?

NED-CAB

furry_dice

Thanks for this info

PlasticPennies

helpinghands wrote: »

Can anyone let me know if rent arrears can be included in a DRO?

yes, rent arrears must be included, but you can still repay them.

ineedthesuntoshine

hi,
i'm seriously thinking of doing this been on the net most of the day looking at the info about it and it seems the best thing for me i'm tired of dodging phone calls and knocks at the door.... grr i know its my fault but i want / need out of it now i work part time , partner made redundant 3 kids (benefits come with them) but 2 leave school for uni this year so all benefits for them will stop and theres my problem so at moment i am really struggling to pay improtant items but when benefits stop i deffo wont be able to see the light ...(sighs) so would it be best for me to apply now or in 3 months when i lose the benefits for them??

any help please ty all xx

jill8beans2

This was really great information - I'm glad you bumped it so I got a chance to read it.

Godiva500

I need some advice from the experts on here please.
When going through my paperwork with CCCS on the phone, I was told that my husbands financial situation comes into my application. I am the only one going for a DRO, so is this correct? Basically my pension income is £1000 pm, and my husbands is £500 ( before Loan and overdraft payments), so I was told that the OR would expect my income to cover 2/3 of the expenditure, and my husband should cover 1/3.
So I have the following questions:

1. Should his income other than his contribution be taken into account at all, if I am the only one going for a DRO?

2. If the answer is yes, should his CC payments and loans should be taken off before his available income is considered?

3. Would the OR view it as I was told?

Thanks

debt_doctor

Godiva500 wrote: »

Basically my pension income is £1000 pm

What sort of pension is this ?

Also my thoughts are that the non DRO partner should contribute enough income to cover their expenditure - its not their DRO, but thats my opinion.

The training was so poor, this wasnt mentioned !

DD

dalip

DD could you have a look at CT24's thread please....pretty please:D

Godiva500

My pension is State pension and 3 small works pensions.

Also my husband was working P/T to contribute more, but was laid off, therefore his contribution has drastically reduced. I pay most ( but not all) of the bills etc now. I contribute the full £1000 and my husband now contributes £220.

I have read all the above several times, and am still not sure what it all means.I will be phoning CCCS again on Monday - what should I say with regards my husbands contribution? Feeling totally lost here - I would hate to be denied a DRO because i don't know what I am doing?

Also my OH pays £150 per month for a loan, and has £450 OD because he has had to buy all of the food expenses for the last 2 months, because i have no money at all. How can that be judged?

I am getting in a real mess here - on my SOA with CCCS, I have a surplus of £46 so qualify for a DRO. If my husbands contribution ( which is accurate and he doesn't have any more) is increased on paper. I will not qualify for a DRO. I am panicking now!!