Debt Relief Order (DRO)
A Debt Relief Order (DRO) is a formal debt solution and may be suitable for those with relatively low liabilities, little surplus income, have few assets. It is a cheaper option than bankruptcy for those who meet the required eligibility criteria.
To qualify for a Debt Relief Order (DRO) you must:
- be unable to pay their debts
- have total debts of no more than £50,000 (not including some debts - see "excluded debts" below)
- not have gross assets of more than £2,000
- have disposable income of less than £75 per month
- not own a vehicle (car / motorbike) that exceeds £4000 in value (the value of the vehicle is ignored if it has been adapted for disability purposes)
- be domiciled in England or Wales, or in the last 3 years have been a resident or carried on in business in England or Wales
- not have been subject to a Debt Relief Order (DRO) within the last 6 Years
- not be subject to a DRRO /DRRU
- not be involved in any formal insolvency procedure (this includes an interim order) at the time of application for a DRO
- not have an outstanding bankruptcy petition where you have not been referred for a DRO by the court
- get the permission of a creditor to apply for a DRO where you have been notified that they have presented a bankruptcy petition against you
Debt Relief Orders (DROs) are applied for with the help of an Approved Intermediary (an intermediary is usually a skilled debt adviser who has been given permission to complete the forms and give advice on debt relief orders) and will last for one year after which you will be released from your debts (with some exceptions)
Excluded Debts
Some debts, called excluded debts, are not covered by the DRO. This means the creditor can continue with action to recover the debt after the DRO is made and the client will still be liable for the debt at the end of the DRO. Excluded debts must still be shown on the DRO application but do not count towards the debt limit.
The following debts are excluded:
- magistrates court fines. This includes costs and compensation orders made by the magistrates and financial penalties registered for enforcement in the magistrates court as if they were fines.
- student loans made under the Education (Student Loans) Act 1990 and the Teaching and Higher Education Act 1998
- child support
- maintenance, lump sums and costs ordered in family proceedings
- money due under a criminal confiscation order
- damages payable for personal injury or death because of negligence, nuisance or breach of a statutory, contractual or other duty, or payable under Part 1 of the Consumer Protection Act 1987.
Some Advantages
- debts written off at the end of the Debt Relief Order (with possible certain exceptions)
- none of the creditors listed in the DRO can take further action without the courts permission
- allows you to make a genuine fresh start after 1 year
- affordable fee, no longer applicable
- allowed to keep a vehicle (car / motorbike) up to the value of £4,000
- allowed to keep a vehicle which has been adapted for disability purposes
Some Disadvantages
- details of DROs are entered on the Insolvency Service Public Register
- the DRO could be revoked (withdrawn) if you do not co-operate with Official Receiver during the time the DRO is in force
- your employment may be affected
- damaged credit rating / committing an offence if you obtain credit of £500 or more without disclosing that you are subject to a DRO
- you may have a restriction order (2 to 15 years) made against you if you are deemed to have acted irresponsibly, recklessly or dishonestly
- you cannot act as a director of a company or be involved in its management unless the court agrees
- certain debts cannot be included - for example - student loans, fines, child maintenance, social fund loans, court fines & confiscation orders (these are fines relating to criminal activity)
- if your financial circumstances improve during the period of the DRO (eg. if you find employment) your DRO may face being revoked
Useful Links
- Insolvency Service
0845 802 9846 - Standard Financial Statement (SFS)
- DRO Advice and Support Forum - Money Saving Expert
- For best results, please answer all questions before continuing
- If you want to explore the other options for dealing with debt you can read about other options