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fatbelly

peachyprice wrote: »

If your discharge is suspended you remain bankrupt until you do co-operate, there are people on the IS register who have been BR for years.

A BRU/O only puts restrictions on you such as not being able to be a company director, local councillor, IP, etc., but you are still discharged.

This is correct - you can stay undischarged for the rest of your life if you refuse to co-operate.

At least a BRU/O (or in this case a DRRO/DRRU!) has an end point.

It is also right to say that best advice is to co-operate and be honest.

Any idea what the creditor has objected to? Is there any reason why they suspect you do not meet the criteria for a DRO?

elfieb

fatbelly wrote: »

This is correct - you can stay undischarged for the rest of your life if you refuse to co-operate.

At least a BRU/O (or in this case a DRRO/DRRU!) has an end point.

It is also right to say that best advice is to co-operate and be honest.

Any idea what the creditor has objected to? Is there any reason why they suspect you do not meet the criteria for a DRO?

Basically a large proportion of my debts were due to gambling, something which I have known all along could cause problems within a DRO, as the rules dont seem as clear cut as bankruptcy.

I honestly wish I had chosen bankruptcy now, at least 4 months down the line everything would be over.

To recieve a phone call out of the blue, telling you that a creditor objected in the first 30 days 4 months later is unacceptable.

The OR concerned that I spoke to, was unhelpful, and the thought of having to speak to her in person terifies me.

I sent a very long email to her last night, outlinging everything from loosing my job, to debts getting out of hand to DRO.
I also gave my reasons for DRO, and also my understanding of the Restrictions.
I also stated that at no point I will attend a face to face interview. I told her that I am cooperating with her, and requested a phone interview like many other bankrupts have had before me.

I refuse to be some poster child for DRO Restrictions,they are not going to use me as a case study as to how it should be conducted.
The fact that they have waited 4 months to drop this bombshell has angered me enough. Its pure mental cruelty.

peachyprice

I presume this is the clause under which they want to re-interview you:

What activities may prohibit an DRO acceptance or begin a further review by the court?

• failing to keep records which account for a loss of property by the debtor, or by a business carried on by him, where the loss occurred in the period beginning two years before the application date for the debt relief order and ending with the date of the application for the debt relief restrictions order;
• failing to produce records of that kind on demand by the official receiver;
• entering into a transaction at an undervalue in the period beginning two years before the application date for the debt relief order and ending with the date of the determination of that application;
• giving a preference in the period beginning two years before the application date for the debt relief order and ending with the date of the determination of that application;
• making an excessive pension contribution;
• a failure to supply goods or services that were wholly or partly paid for;
• trading at a time, before the date of the determination of the application for the debt relief order, when the debtor knew or ought to have known that he was himself to be unable to pay his debts;
• incurring, before the date of the determination of the application for the debt relief order, a debt which the debtor had no reasonable expectation of being able to pay;
• failing to account satisfactorily to the court or the official receiver for a loss of property or for an insufficiency of property to meet his debts;
• carrying on any gambling, rash and hazardous speculation or unreasonable extravagance which may have materially contributed to or increased the extent of his inability to pay his debts before the application date for the debt relief order or which took place between that date and the date of the determination of the application for the debt relief order;
• neglect of business affairs of a kind which may have materially contributed to or increased the extent of his inability to pay his debts;
• fraud or fraudulent breach of trust;
• failing to co-operate with the official receiver.

And they can continue to investigate you throughout your DRO according to this clause

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 failed to provide a full and accurate account of their financial affairs (for example, an understatement in their assets or income). Failure to provide such an account may result in civil and criminal sanctions

JPS29

Like Philnicandamy I had my OR interview at Liverpool F2F.
Whilst my OR was in the feminine form of satan I actually preffered the F2F as any misunderstandings can be cleared up straight away, you also come across as a person, not just numbers on a petition (just my view)

Not all OR's are bad, I was back at Lpool again twice over my business liquidation, that OR was great, and seemed to adopt the attitude of, "at least you had a go"

I'm sure you'll be alright. But as peachy says best to get it sorted,co-operate with the OR, Then you can get this chapter of your life behind you.

Good Luck

dalip

Perhaps debtdoctor could confirm this for me...but i have a feeling they could revoke the DRO if you do not co-operate.

I also stated that at no point I will attend a face to face interview. I told her that I am cooperating with her, and requested a phone interview like many other bankrupts have had before me.

I would be very careful of your choice of words....get the OR's back up and they could make your life hell.The other point i would make is that you are not bc,so how can you request a phone interview like "other bc's".

Also who's to say you would not have got a F2F if you had gone bc.


I think maybe it might be best if you realise you are not in a postition to demand anything!

Sorry just my slant on this situation for what it is worth.Dx

Pobby

There is a good site for people with gambling problems. Here`s the link

http://www.gamcare.org.uk/

There is a guy there who is about to go br due to gambling problems. Have a look at the forum and also contact the advisors there. You can do that on line or by phone. You will find that there are a lot of people going br due to gambling and many, many more in serious trouble because of it. If you want to know a bit more about other support groups that, I think, will be of real help to you feel free to pm me.

Pobby

debt_doctor

dalip wrote: »

Perhaps debtdoctor could confirm this for me...but i have a feeling they could revoke the DRO if you do not co-operate.

HI,
The intermediary guidance suggests a restriction rather than to revoke the DRO. (but I take on board what Peachy's post says). I believe full cooperation will bring the best result.

DRO's as we know are very new, this is the first investigation I have heard of, so not much 'custom and practice 'or caselaw to go on i'm afraid.

DD

philnicandamy

If, when enquiring into your affairs, the official receiver decides that you have been
dishonest before or during your DRO or that you are otherwise to blame for your
position,or un cooperative they may apply to the court for a DRRO. The court may make an order against you for between 2 and 15 years, and this order will mean you continue to be subject to
the restrictions of a DRO, as described in section 8 above. You may give a DRRU,
which will have the same effect as DRRO, but will mean that the matter does not go to
court.

so seems very similar to a BRO/BRU in a way....all I can say is co-operate it's worth it in the end...and as others have said a FTF interview is in your best advantage really...least then the OR can see your situation how you react to questions etc

the timescale as well is irrelavent....at any time during bankruptcy the receiver can contact a bankrupt if needs be for any reason they see fit..

RecoveringAlcoholic

Are you getting help with your gambling issues?


.

dalip

I know very little about DRO's:o....so said person did not co-operate and the court applied a DRRO of say 3 years,does the same apply,where by if a persons circumstances alter in the 12 months(and they have more than £50 surplus per month)the DRO gets cancelled? Does that rule extend into the 3 years of the DRRO or can the DRO not be cancelled once 12 months have gone by regardless?Dx