Debt Relief Orders (DRO) - Information & help thread

immoral_angeluk

Diddley_Squat wrote: »

Hi again

Can someone please help me in clarifying what this particular sentence actually means.

"Fraudulently concealing, destroying or falsifying any books or documents relating to your affairs, during a period of 1 year before the application date and up to the end of the moratorium period".

If you come into money over £10000 and the intermediary adviser doesn't ask you what has occurred over the past 12 months so you don't tell them, is this a crime?

Also can you cancel a DRO once it has been submitted but before you get a yes or no?

Many thanks.

Just because the intermediary didn't ask you doesn't mean you don't have to declare it. It's the intermediary's responsibility to ensure you are fully aware of the implications of having a DRO and your responsibilities, BUT at the end of the day it is your application.

To withhold any information which is relevant to your application for a DRO *could* constitute fraud and there is declarations on the actual application stating that you are being truthful and warn of possible criminal sanctions if you are not or withhold something.

As for cancelling the DRO, you could just not pay the fee. Then the application would automatically be cancelled.


What was the 10k from/used for? This would be likely have more bearing on your DRO than anything.

Diddley_Squat

Thank you so much immoral_angeluk for replying.

The £90 has already been paid, can you cancel after this?

The money was inheritance money which she used for decorating her home (council rented), buy new furniture/fittings which were needing replacing and also to treat all of the family and grandchildren.

We know about declaring money AFTER the DRO has been approved in the 12 months after submitting the application but nothing about declaring money in the 12 months BEFORE submitting an application.

Will this be a problem?

lotsaquestions

fatbelly wrote: »

Pleased that worked OK. They were one of the later additions to the competent authority list.

I take it they didn't charge anything apart from the statutory £90, or try to sell you anything extra.

Nope just the £90 to insolvency service paid at post office

sarbaz2007

Hi guys, just got my credit reports in and have everything sorted, well almost.
I have one problem, i had a cheque guarantee card for about £3500 from about 9 years ago and a mobile contract from about 7 years ago but it does ot show up on either expeian or equifax reports.

Do i need to declare these as i do not hold any details about them and have never ever had letters from them requesting payment.

Orville

sarbaz2007 wrote: »

Hi guys, just got my credit reports in and have everything sorted, well almost.
I have one problem, i had a cheque guarantee card for about £3500 from about 9 years ago and a mobile contract from about 7 years ago but it does ot show up on either expeian or equifax reports.

Do i need to declare these as i do not hold any details about them and have never ever had letters from them requesting payment.

I take it you have no ccj's against those debts. If that is the case then they are statue barred so can't be collected on anyway. Weather you have to include it in your DRO i can't say for sure but no doubt Fat or someone will be along soon to advise you.

Diddley_Squat

I know I keep going on saying the same thing but please can someone please offer advice as my friend is worrying herself sick saying things like she is going to prison for fraud when I don't think it will ever come to that. I know I said her inheritance was only small but she didn't want me to say how much it was.

She is saying to herself all the time that she has committed fraud and is wanting to cancel the whole process of applying for the DRO even though she has already paid the £90 for it. This is due to the fact that her advisory has NEVER asked her about money in the past 12 months only that she should declare any money she comes into for the NEXT 12 months. She doesn't find the advisory to be very approachable which hasn't helped in the matter but she is hoping to see her the beginning of next week to discuss things.

Has she committed fraud by not saying about her inheritance last year?

Can she still cancel the DRO?

Many thanks.

scarlet55

Diddley_Squat wrote: »

I know I keep going on saying the same thing but please can someone please offer advice as my friend is worrying herself sick saying things like she is going to prison for fraud when I don't think it will ever come to that. I know I said her inheritance was only small but she didn't want me to say how much it was.

She is saying to herself all the time that she has committed fraud and is wanting to cancel the whole process of applying for the DRO even though she has already paid the £90 for it. This is due to the fact that her advisory has NEVER asked her about money in the past 12 months only that she should declare any money she comes into for the NEXT 12 months. She doesn't find the advisory to be very approachable which hasn't helped in the matter but she is hoping to see her the beginning of next week to discuss things .i

Has she committed fraud by not saying about her inheritance last year?

Can she still cancel the DRO?

Many thanks.

if the fee has been paid and the dro submitted then it will probably already be in the process of being either approved or declined and i would imagine that its now out of your advisers hands...iff she is really worried then she should contact the or and tell them everything...the dro may or may not be revoked but at least she will have been honest and the or may look kindly on this and still approve it as she has no money now and at least she will be able to stop worrying...

Diddley_Squat

scarlet55 wrote: »

if the fee has been paid and the dro submitted then it will probably already be in the process of being either approved or declined and i would imagine that its now out of your advisers hands...iff she is really worried then she should contact the or and tell them everything...the dro may or may not be revoked but at least she will have been honest and the or may look kindly on this and still approve it as she has no money now and at least she will be able to stop worrying...

Thanks scarlet55 for your sound advice, I'll pass that on to her later.

scarlet55

Diddley_Squat wrote: »

Thanks scarlet55 for your sound advice, I'll pass that on to her later.

i really hope everything goes well for her...:)

fatbelly

Orville wrote: »

I take it you have no ccj's against those debts. If that is the case then they are statue barred so can't be collected on anyway. Weather you have to include it in your DRO i can't say for sure but no doubt Fat or someone will be along soon to advise you.

Our guidance is pretty clear - under England/Wales law, SB debt still exists so should be scheduled.

The only time that it wouldn't need to be listed is if there's a statement from the creditor saying the debt is written off.

It is acceptable to put 'not known' as the reference.