If the Official Receiver finds you have acted dishonestly prior to making the DRO application, or you have acted against the rules when you applied for a DRO, they can apply for a DRRO to be made against you.
The reasons why they could apply for a DRRO are:-
- You took on debts at a time when you had no chance of repaying them
- You gave away belongings of value or sold them at less than their value
- You paid off some of your creditors in preference to others
- You have committed fraud
- You failed to co-operate with the Official Receiver
- You failed to tell the Official Receiver about assets you had when you made the DRO application such as a PPI payout
- Carried on business when you knew you could pay your debts.
Warning before a DRRO
If the Official Receiver is contemplating applying to court for a DRRO against you, you will be notified and offered a face to face interview so you can hear why an application is proposed. This can take place over the phone. You are then given an opportunity to put forward reasons why the DRRO should not be considered. After the interview The Official Receiver’s team will let you know whether they intend to apply for a DRRO.
Debt Relief Restrictions Undertaking DRRU
Faced with an application for a DRRO, you can accept their reasons and agree to a DRRU. It avoids the need to attend court and the period of restrictions is likely to be shorter.
If you dispute the reasons, the Official Receiver will apply to Court for a DRRO and you will be given at least 8 weeks notice of the hearing plus details of the grounds for applying for a DRO. If you intend attending, any evidence you want to give to defend yourself should be sent to court within 28 days of receiving the notice. If you don’t attend the DRRO will be made in your absence. If a DRRO is made, the restrictions apply immediately and your details will stay on the Individual Insolvency Register for the full period of the DRRO.
It is clear that getting advice on appropriate debt solutions is vital. There are other solutions to be considered including DMP, IVA, Bankruptcy, Debt Consolidation through raising Finance and Dealing with Creditors Directly.
Fees will be charged if a solution is taken in order for us to set up your plan and maintain it – all fees will be outlined during your consultation. For further information on fees, please see the FAQ section of the different solutions available. Retained payment may place you further into arrears. You have the right to a cooling off period of 14 days. It is likely that your ability to obtain further credit in the short term will be affected and this may also be the case over the medium to long term. Calls to our free phone number from mobile phones and other networks may be charged.
The Insolvency Service website has helpful information on https://www.gov.uk/options-for-paying-off-your-debts/overview to support those who find themselves in financial difficulty during the recession.
There are sources of free debt advice and services. You can find out more by contacting the Money Advice Service on 0800 138 7777 or by visiting their website.