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Creditor Wants Evidence of DRO
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Cheshire_cats_
Posts: 5 Forumite

in IVA & DRO
I let one of my creditors know that I now have a DRO in place. They wrote back saying that they needed the documentation to prove this including a list of creditors and a copy of the Chairman's report.
If they don't receive this in 7 days, they said my account would proceed to the next legal stage which is High Court Enforcement and a charge of over £200.
Do I need to send them anything, I've already given them my DRO number, and if so, what is the Chairman's report?
If they don't receive this in 7 days, they said my account would proceed to the next legal stage which is High Court Enforcement and a charge of over £200.
Do I need to send them anything, I've already given them my DRO number, and if so, what is the Chairman's report?
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Comments
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the creditor can only contact you under certain circumstances, are these any of them?
https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/debt-relief-orders/while-a-debt-relief-order-is-in-place/creditors-still-contacting-you-debt-relief-orders/
if not do not engage with them, you are legally safe if none of the above applies.
a dro is a legally binding agreement
when you got your dro any creditor listed in it would have been informed of your dro
thus creditor can not demand to see the list of other creditors you owed, they are being incompetent imo.
if the link I posted covers you, then don't engage with them
the creditor can only object to your dro being applied and granted if they think you did preferential treatment or you commited a fraud or their debt should not be in the DRO or they think your not entitled to a DRO
but now you have your dro in place.
a chairmans report is where all the creditors get together and 75% agree to your insolvency.
this refers to an IVA not a DRO, where each creditor gets a chunk of the monthly payments for 5 years..DRO involves no payments, it effectively freezes your debt for 1 yr, then if things haven't changed in that 1 year, then they are written off.Christians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )
https://capuk.org/contact-us0 -
the creditor has 30 days to object to your DRO and the objection must be sent to the official receiver , not you
https://england.shelter.org.uk/professional_resources/legal/debt/debt_relief_orders/debt_relief_order_specialist_resources/creditor_objections_to_a_debt_relief_order
imo I think your creditor thinks you have an IVA not a DRO, that is the confusion
the creditor is hounding you cos they think they never got a chance to vote in your insolvency, but this only refers to an IVA not a DRO, they are confused and incompetent imoChristians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )
https://capuk.org/contact-us0 -
Cheshire_cats_ said:I let one of my creditors know that I now have a DRO in place. They wrote back saying that they needed the documentation to prove this including a list of creditors and a copy of the Chairman's report.
If they don't receive this in 7 days, they said my account would proceed to the next legal stage which is High Court Enforcement and a charge of over £200.
Do I need to send them anything, I've already given them my DRO number, and if so, what is the Chairman's report?
When you got your DRO, you were sent a Debtor's Notice and they were sent a Creditor's Notice, listing all the creditors. So there should be no need for you to write, in theory
In the first instance you should refer them to their Crednot, which is how it's labelled. Now these things do go astray. For example with Council debts the chances of the correct department getting sight of it are slim. Sometimes your adviser will have listed a debt collector, who gets the crednot and bins it.
The next stage would be to send them a copy of your Debtnot, or just ignore them. There is nothing they can do
If they are stupid enough to pay for a HCEO, to visit you can show them the document through a window!1 -
The beauty of insolvency is that you are legally protected from further action by your creditors.
Companies that choose to ignore this are either ignorant of the law, stupid, or both.
They are confusing DRO with IVA, the chairman writes a report after the initial creditors meeting to decide whether to approve your IVA or not, it is not applicable to a DRO or to you.
The person who sent the letter will likely be some office bod whose knowledge of Insolvency can be written on the back of a postage stampI’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1
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