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A new way to get out of debt

Emma Lunn gives you the lowdown on debt relief orders...

If you've got debts of £15,000 or under and are struggling to repay them then a little-known alternative to bankruptcy and individual voluntary arrangements (IVAs) could be the answer.

Debt relief orders (DRO) were introduced by the Government in April 2009 and are designed for non-homeowners with few assets, minimal surplus income and no improvement in their circumstances likely for some time. People who take out a debt relief order could be free of their debts in as little as a year.

What is a debt relief order?

Debt relief orders are a form of insolvency procedure somewhere down the scale after bankruptcy and individual voluntary arrangements (IVAs). They are aimed at people with less than £50 a month to live on after paying their rent and bills, yet have debt repayments to keep up too.

To be eligible you must have £15,000 or less "qualifying" debts, and assets worth less than £300 - although you can own a car worth up to £1,000. Assets also include your pension.

Qualifying debts include loans, overdrafts, credit cards and demands from utility companies. However they don't include child maintenance, court fines or student loans.

During the period the debt relief order runs (normally 12 months), your creditors will not be allowed to take action against you to get their money back. At the end of the 12 months you'll have effectively wiped the slate clean.

What's the catch?

This might sound like a sure-fire way to write off your debts in record time but there are downsides too.

You'll find it very difficult to borrow money during the debt relief order period and afterwards. If you apply for credit of £500 or more during the time period you have the debt relief order, you'll have to tell the lender about the order (which probably means they'll turn you down). The debt relief order will stay on your credit report for six years after it's finished which won't make you a very good prospect for lenders.  

If your financial situation improves while you have the debt relief order - for example, if you get a better paid job or inherit some money - you're obliged to inform the Official Receiver (the body which grants debt relief orders) and make arrangements to repay the people you owe money to.

If you break the rules of your debt relief order you may also be subject to a "debt relief restriction order". This can extend the period of restriction for up to 15 years for debtors who are deemed dishonest or borrow money knowing they will be unable to make the repayments.

How do I get a debt relief order?

To get a debt relief order you need to go to a "competent authority". The Insolvency Service has approved six organisations as competent authorities. These are: Citizens Advice Bureau, Consumer Credit Counselling Service, the Institute of Money Advisers, Baines & Ernst, National Debtline and Payplan.

Your adviser will be able to give advice on debt relief orders, confirm whether you're eligible for one, complete the paperwork and send it to the Official Receiver. They will be a fee to pay up to a maximum of £100.

Your debt relief order will contain a list of creditors the order applies to. They'll be told about the debt relief order and won't be able to pursue you for money.

Facing up to your debts can be difficult, but remember you're not alone. And the sooner you face up to your debts, the quicker you can tackle them. There are plenty of places you can turn to for free advice. For more information, read Get out of debt with free advice.

More: Eight steps to debt free living | You've got a debt problem

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  • 09 September 2009

    I have a DRO with the help of Payplan, but before that i was having major problems ans i even resorted to going to a debt-management company who charged me £30 a month for them to look after my finances, what a con and when i sacked them i asked for a refund of the charges, what did i get not even a letter saying no!!! To anyone in debt then i would recommend looking at the [b]MoneyMadeClear[/b] website first, it gave me great advice and helped me move on. I got my DRO within weeks of it being made legal and lawful to do this, so far only 2 of my creditors have been foolish enough to try hassling me and they have paid the price for doing so!!! The only downside that i found was that my bank of numerous years (First Direct) closed my account(s) with them even though they were informed of the DRO, but that has actually improved my banking status as i now have a better bank with the Co-Operative and their Cashminder bank account (no overdraft) but a much better service and local. It may mean that i cannot get credit but then again do i really want it.. no i don't this way makes you handle your money in a more manageable way.

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  • 09 September 2009

    I wonder what better solutions Neil believes that national Debtline may be able to offer. Indeed I wonder if he actually understands a DRO. As I understand it you have to have a disposable income after all essential expenditure of £50pm or less. As such what better options are there? I accept that the amount owed is important but if we take a minimal debt level of £5000 and a disposable income of £50pm I would be interested to know what these better options are.  A debt management plan would not work as even if all interest and charges are frozen and assuming no company goes for a CCJ it will still take over 8 years to get debt free so the "black mark" stays for longer than with a DRO. One major advantage with a DRO is that it takes away the stress and strain for people on low incomes with no light at the end of the tunnel. Most DM companies will not help someone with such a low DI and all CAB seem to say is write and offer £1 a month. The DRO is something positive that can help people see light. If there are better solutions as Neil seems to believe I would be interested in hearing them

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  • 08 September 2009

    My vote would be to approach National Debtline of the six listed, because it receives by far the most positive feedback of all debt organisations. It may also find a better solution for you, because a Debt Relief Order is actually going bankrupt on the cheap, so it will likely cause you problems for the next six years. Neil (another contributing writer for this website)

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