Can my debt relief order be rejected?
If you’ve applied for a debt relief order (DRO), there may be certain circumstances in which your application is refused.
This guide explains when a DRO can be refused and what you can do next.
When can a DRO be rejected?
A DRO may be rejected if:
- you didn’t provide further information after being asked to
- you don’t meet the criteria for receiving a DRO
- the official receiver thinks you’ve been dishonest in your DRO application
A DRO may also be refused if you’ve done any of the following in the last 2 years:
- given away assets – this can include but isn’t limited to shares, bank account savings and items of value that you own e.g. mobile phone, jewellery or antiques
- prioritised paying back one debt over others - such as paying back a friend or relative but not paying your monthly credit card bill
- sold an asset or assets for less than their market value – e.g. selling a piece of jewellery to a friend for £50 when it was worth £500
You must tell your DRO adviser straight away if any of these apply to you.
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What should I do if I’m asked to provide further information on my DRO?
You must cooperate fully with the official receiver if you’re asked for further information.
If you provide this information but the official receiver doesn’t receive it and refuses your application as a result, you can ask them to reconsider their decision by providing proof that you followed their instructions.
What would be classed as being dishonest in a DRO application?
Any information that’s been left out of your application on purpose, or any information that has been added incorrectly on purpose, is classed as being dishonest in a DRO application.
It’s a criminal offence to leave out or add incorrect information.
What if I’ve mistakenly left something out of my DRO application?
If you’ve mistakenly left something out of your application or noticed that you’ve provided the wrong information, tell the official receiver and your DRO adviser straight away.
This doesn’t necessarily mean your application will be refused, unless you no longer meet the criteria or you don’t provide further information if asked.
What should I do if my DRO has been refused?
When you receive the refusal for your DRO, it’ll include a written response as to why it’s been refused.
If you think your DRO has been unfairly refused, you should ask the official receiver to reconsider their decision.Your DRO adviser will help with this.
Depending on the reason for the refusal, you’ll have to show proof that you:
- did meet the criteria for the DRO
- did cooperate when asked for further information
- were honest about your circumstances
Asking for a decision to be changed
If you’ve got the right information or documents needed to challenge the decision, your DRO adviser can help you write an official letter. This should include:
- reasons you think the decision is unfair or wrong
- evidence to support your claim
What if the official receiver still refuses my DRO?
You have the legal right to ask the court to re-evaluate your DRO application and decide whether it should be accepted.
You should only do this if you’ve already asked the official receiver to reconsider their decision.
Discuss with your DRO adviser if asking the court to re-evaluate is a good idea in your circumstances.
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