Your authorized adviser will check your details to see if you meet the conditions to apply for a DRO. These are:
- you have qualifying debts of £15,000 or less (see below for what counts as a qualifying debt)
- you have £50 or less a month of spare income after paying all your normal household bills
- you own things of value or savings worth £300 or less
- your motor vehicle, if you own one, is worth £1,000 or less (unless you have a physical disability and it has been specially adapted)
- you have lived, had a property or carried on a business in England or Wales in the last three years.
A debt relief order (DRO) is an order granted by the Insolvency Service in cases where you can’t afford to pay off debts.
With a debt relief order, none of the companies to which you owe money (your creditors) can take action against you to get their money back. This lasts for as long as you have the DRO, which is usually about a year.
At the end of this time, all the debts included in your order are written off.
To apply for a debt relief order, you must have debts of less than £15,000 and a low income. As you cannot apply for a DRO yourself, you will need to contact an authorised adviser who will apply for a DRO on your behalf. First though, your adviser will check whether you meet the conditions. For example, you won’t be able to apply for a DRO if yoAu own things of value or have savings of over £300.
To proceed with an order will cost £90, but you can spread the cost of this over six months.
To find out more details about a debt relief order, please read on. Please note that a debt relief order is a cheaper option than going bankrupt, but there may be more ways to deal with your debts and your authorised adviser can provide further information about these other options.
- The fee – often equal to one month’s payment – about £200.
- Possible one-off deposit payable at the start of the debt management agreement.
- Possible administration fee of £30 a month for the debt management company to distribute payments to creditors.
- Fees paid to a debt management company will reduce what you are able to pay to creditors.
- They cannot always guarantee results. Creditors can still take action against you and don’t have to accept reduced payments or freeze interest.
- Creditors can refuse to deal with debt management companies.
- Creditors can consider rescheduled payments as a default and record this on your credit file. Where a first payment is taken as a deposit, account payments usually go into arrears.
- Where a debt management company advises you not to communicate with creditors but passes correspondence to them, you could find yourself subject to legal action taken against you by your creditors without your knowledge.
- Debt management companies will often only deal with non-priority debts. If they do accept priority debts, they are likely to consider all debts of equal importance and not pay priority debts any faster.
- DMCs cannot give financial advice to maximise your income or ensure you are claiming full benefit entitlements. They may not be able to advise you of all options open to you.
- DMCs may only want to deal with you if you receive an income and own your home so that they can place a charge on your property.
- If a DMC does not produce a realistic financial statement, you could be expected to make unrealistic payments and could be more likely to default.
If you wish to use a DMC, our associates advisor will go through all of the above with you before you commit to any agreement.
DMPs are most generally designed for those who have lower amounts of debt e.g. £7,500 and are in a situation where their finances might improve within a foreseeable period. The problem with these plans is that the monthly payments are usually so low that they never repay the capital and drag on for years at a time. The positive points are that creditors are kept at arms length and often interest is frozen for a period of time, though not permanently.
If your debts are below £15,000 and you meet the criteria, you might want to consider a Debt Relief Order, which is a type of ‘mini bankruptcy’. If you go on the internet and find that you fit the criteria, then this is definitely the better option as your debt is wiped once and for all – your local CAB will arrange the DRO paperwork for you. If your debts are above £15,000 it is unlikely you will ever repay the capital and you might want to call us.
If you are at the point where you realise that you need assistance because your company debt is at a level that you need assistance then we can help.
There are only 4 options to consider:
1. Do Nothing- Wait and see what happens and remain in survival mode until the outcome
2. Bankruptcy- We always suggest that bankruptcy is considered first as an option opposed to last. The reason is because if you have no assets, live in rented accommodation or own property where there is minimal equity, the bankruptcy is possibly the fastest way of eliminating unmanageable debts. It provides a fresh start t your financial life. We provide a pre bankruptcy counselling service.
3. Individual Voluntary Arrangement or Company Voluntary arrangement- This can be arranged 2 ways. Either an income based voluntary arrangement or an asset based IVA. The essence of these arrangements is to allow you to make a legal agreement with your creditors whereby you make an offer to your creditors. ( the people and organisations you owe money to) and make them an offer . Providing 75% of the total amount of debt agree to the proposal then the other 25% would have to go with the arrangement.
4. Informal agreement with creditors made on a one to one basis that resembles a commercial debt solutions plan.
Don’t be fooled by so called professionals enticing people into certain arrangements. It does happen and if you are unsure about what to do then please don’t rush into just anything because its easy! Remember it takes 5 minutes to sign up and commit to these agreements but its a lot harder to cancel them.
Looking to release monies from a property and cant?
If you have restrictions and notices attached to your property because of a bankruptcy order at some point in the past? Or possibly a failed IVA then we may be able to help.
With the assistance of fellow Insolvency Practitioner who work towards improving a clients journey towards solvency , we are pleased to offer access to smaller lenders with an understanding of complex financial restrictions.
There are certain money lending rules that prohibit individuals of taking loans like this out in their personal capacity.
Therefore if borrowing is a requirement then they can provide Business Finance to Businesses owners. the business finance is a way of providing monies into your business that will allow you to loan yourself the money from the company to repay your trustee in bankruptcy or the supervisor of an existing IVA.
This can happen very quickly and providing you are able to produce signed and returned documents an offer can be made to you.
The view we take is practical. Monies are often tied into assets that have either, charges or restrictions against the property. This makes high street borrowing very difficult indeed for the majority of people who end up in this position. The option is more expensive, there is no question of that but mathematically these situations have to be measured against what the alternative in doing nothing is going to cost.
If you would like to discuss equity release of this nature call Sean 07479719319
Bankruptcy Trustee-When you enter into bankruptcy your application goes from the court where a copy is kept and a copy is forwarded to the Official Receiver who will be responsible to establish whether or not a Bankruptcy Trustee should administer the bankruptcy. This appointment provides the role is to liquidate any assets and distribute the proceeds to your creditors. This is only if you have assets such as a house or property with equity in. If you have nothing and live in rented accommodation and are simply entering bankruptcy to rid yourself of un manageable debt then a bankruptcy trustee will not be appointed.
A trustee is usually only appointed if there are assets to protect for and on behalf of creditors. so if you are a home owner, or you run your own business then it is likely a trustee will be appointed. It is at this point if you haven’t already will really need to think about what you are going to do. What and who is going to be affected by what is happening. It is likely that if you have a partner and children or family that is going to be affected by the procedure of the Trustee claiming assets on behalf of creditors.
With emotions sometimes running high and the fear of loss that you will all experience it is crucial that you remain focussed and find ways of either managing the situation or adjusting to what is happening and formulating a plan for the immediate future.
Do not bury your head in the sand and think everything will be OK. There are times in life you have to take decisive action. This is one of those times.