Article by Alex Hargrove who is part of the specialist debt recovery team at Furley Page Solicitors.
A new measure to help deal with debt – the Debt Relief Order – shouldn’t be regarded as an easy option, says debt recovery adviser Alex Hargrove.
Debt Relief Orders (DROs) apply to debtors who have less than £15k of unsecured debt; no more than £50 per month disposable income and assets which don’t exceed £300.
Alex, debt recovery adviser at leading regional law firm Furley Page, explains: “Debt Relief Orders are designed to deal with the least complicated debt cases on a fast-track process through the courts. They simplify bankruptcy - but the worry is that that they are open to abuse, making it too easy for consumers to escape their debts.
“There is also concern that it could be difficult for authorities to monitor an applicant’s financial situation with this type of filing.”
Debt Relief Orders (DROs) apply to debtors who have less than £15k of unsecured debt; no more than £50 per month disposable income and assets which don’t exceed £300.
An application for a DRO, costing £90, can only be made once professional advice has been sought. The official receiver can either grant the order, refuse to make one or delay the decision, pending further information.
During the period that a DRO is in force – usually 12 months – the debtor is protected from any further enforcement action by the creditors but he is obliged to supply information to the official receiver and make arrangements to repay creditors should his financial circumstances improve. Failure to do so could result in the DRO being withdrawn; a civil claim being made against him or criminal prosecution.
Debtors who are granted DROs face the same restrictions as bankrupts, explains Alex. Furthermore, they can only access a DRO once every six years; their credit rating is affected and the DRO will appear on the Individual Insolvency Register.
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