DRO within 3 years of BR discharge

Tumbledown_Tammy

Just come off the phone after a chat with a CCCS advisor after doing there debt remedy. She said as DRO was a form of BR I would not be able to do a DRO due to a 6 year rule? Thought this only applied if you tried to go BR within 6 years of previous discharge

BR September 2008. ED February 2009 is this correct fully understand if it is possible there would probably be a DRO/U attached to it. Who is correct?

fermi

The CCCS advisor is mistaken as far as I know.

The restriction on doing is DRO is that you must not have been subject to a previous DRO within the last 6 years.

A previous bankruptcy within that time frame would not stop you doing a DRO.

http://www.bis.gov.uk/insolvency/personal-insolvency/dro-debtors

A far as DRO restrictions order/undertakings go,

http://www.bis.gov.uk/insolvency/personal-insolvency/dro-drro#5

As far as I recall a previous bankruptcy would not be automatic grounds for a DRRO/U, but it would certainly mean that the OR would likely look into your conduct in the intervening period with more care to see if there were other grounds for one.

fatbelly

Fermi is correct on all counts.

The bankruptcy has to be declared on the DRO application (they just ask for the date of the order) but doesn't stop the DRO being granted, provided you've been discharged.

It would, however, probably get flagged up at the DRO Unit for extra scrutiny.

It sounds like you need to go back to CCCS to discuss this with one of their Approved Intermediaries

fatbelly

Also DRROs/DRRUs are really rare. These are the 2011/12 figures:

DROs approved
26,906
DRO moratorium extended
30
DROs declined
157
DRO objections received
306
DRO applications referred
1,714
DRROs obtained
1
DRO revoked
269
DRRUs obtained
5

fermi

6 out of 26,906?

Rare is an understatement!

StepChange_Pavan

Tumbledown_Tammy wrote: »

Just come off the phone after a chat with a CCCS advisor after doing there debt remedy. She said as DRO was a form of BR I would not be able to do a DRO due to a 6 year rule? Thought this only applied if you tried to go BR within 6 years of previous discharge

BR September 2008. ED February 2009 is this correct fully understand if it is possible there would probably be a DRO/U attached to it. Who is correct?

Hi there,

Fermi and fatbelly are correct that you would only have to wait if you had been subject to a DRO in the past 6 years. You can call our DRO line if you’d like some more detailed advice and I’m sorry for any confusion.

Kind regards,
Pavan

debtinfo

fermi wrote: »

6 out of 26,906?

Rare is an understatement!

Yes they seem to generally go for revokation of the DRO rather than the restriction, i presume this is because 1) it is easier and 2) restrictions in insolvency law generally happen when there has been an offence, intent is shown and the damage (in monatary terms) is reasonably large (because it could involve costly litigation) which is more difficult in a DRO with the £15,000 debt limit

Tumbledown_Tammy

Thanks for the replies, DRO it seems to be the best answer, few more things have come to light now about her finances:eek:

Could she go BR again. BR September 2008. ED February 2009..

all this is getting her down, her outstanding debts only amount to about just under £5k, and on checking her mail, she is still bieng hassled from original debtors selling on the debts included in previous BR, I have sent them copies of her BR no papers etc and discharge,but 3 months on none have amended the credit records.

I did CCCS Debt Remedy with her and DMP was recommended because if she does aDRO then her money would be freed up and this would give her more than £50 per month free money.
This is based on an income of Income Support with a Disability Premium and DLA Low Rate Care, there is a hugeeeee chance of her bieng hauled in soon for a review and folk in her Mental Health group have all lost there Disability Premium and Low Rate Care DLA so this would be devastating financially.

The HAssoc she rents with let her move to a one bedroomed place as she could not afford the high Well Bieng charges at her previous. Place, then cocked up her HB and CBT applications so local new District Council refused a two week crossover of HB and CBT so now she started her her new tenancy with £150 rent arrears on new tenancy..
The support network she has is crumbling CMHT are trying to discharge her :eek: her CPN is worse than useless, when told about her financial situation it was well that's what CAB is for, it's take the anti ds and sod off attitude, if I hadnt heard them with my own ears I wouldn't have believed there attitude towards her, she has never caused them any problems.

I will start a new thread re her housing problems. Just so annoyed with the clear off we have helped you enough attitude of her supposed support network....

And with this bedroom tax and possible CTax help bieng reduced where do folk go to if there income is reduced quite legally to a point where it's not enough to live on.

Sorry for the rant, just a friend a couple, who is friends with both of us , over the last 6 months have both been given full rate DLA Motobility and Care, full HB and CBT and a nice new 2 bed place to live in and they can do a 4 minute mile between them, smoke 40 fags a day, keep a flash car on the drive, have 2 Hols a year, and my friend has the choice, heat or eat, and to sew her trousers back together, and no it's not sour grapes, just the luck of the DWP draw....

She will survive, cause myself and other folk in the same position will make sure we do, just sometimes life seems so unfair on some folk...

Hear endeth my Bank Hol rant, normal attitude will return after a cuppa and a choccie HobNob

Warmest regards to all

T:D

fatbelly

Hi. I'd be very surprised if a human intermediary (rather than an online program) couldn't make someone on Income Support fit the 'under £50' criterion.

Don't get me going about the benefit changes...

Have you tried asking your local CAB if they have DRO specialists? They seem to do most of them. Might be different next year when they all lose their LSC contracts.

Tumbledown_Tammy

Thanks for your answer fat belly, I am going to try CAB again on Wednesday when they open up

There has surely got to be a solution for my friend and her financial problems just finding the right solution/help is the problem, this area isn't rich in jobs, and a local fooodbank trial was inundated with requests for help.... Suddenly the reality of both her and my situation is all too vivid and reality has hit the fan for myself as for the first time in my life I couldn't meet my meagre outgoings....bills paid and waistband shrinking, thank god for the OldStyle Board and it's cheap nutritious recipes.

T

Tumbledown_Tammy

:eek: just a quick update, my friend has her interview on the phone tommorow to sort out DRO and as predicted when she had her ATOS medical she didnt score any points:eek:

Now DWP have officially informed her no DLA as she reapplied after her last claim ran out...and she has had her Disability Premium removed from her Income support so her income has been legally cut by nearly 50% and then the local council have indicated in a flyer shoved through the door that there preferred way of dealing with future council tax changes is to charge most unemployed working age folks 10% off there ctax:eek: benefit.
So we thought right pull belts in and you will be 60 in Dec 2016 only to find they have increased the dates/age she would get her pension....:eek:....now even Im panicking on her behalf.

W:eek:e:eek: have done all we can, checked she is on the right benefit, on cheapest gas/elec tariffs, cut back on everything where we can for her, its liveable/doable and she is well aware she is lucky, has a roof over her head, food in belly etc, so in comparison to some far better off.

She has accepted all this but I feel for anyone who is in a worse place than she is......whats next...