In certain situations a debt relief order (DRO) can be stopped (revoked). If this happens to you, you'll have to find another way to deal with the debts you owe.
This page explains when a DRO can be stopped and what you can do about it.
What is the DRO period?
The DRO period is the twelve months from the date when the debt relief order (DRO) is made by the official receiver. During this time you can't make payments towards most types of debts listed in the DRO and you're subject to certain other restrictions. This period may also be called the moratorium.
When your DRO can be stopped
Situations where a DRO might be stopped include where you:
acquire property over the value of £2,000
have an increase in your income, meaning you have more than £75 left over each month after all your household expenses are paid – although if this happens towards the end of your DRO, it may be extended to let you come to an arrangement with your creditors
left out key information about your debts, assets or income in your application
didn't tell the official receiver about a change in your circumstances
you didn't meet the criteria when you applied for a DRO
you don't co-operate with the official receiver
you didn't comply with the restrictions placed on you by the DRO
you obtained your DRO fraudulently.
In some cases, the official receiver may also apply for a debt relief restrictions order (DRRO) to be made against you. This extends the period of time for which you have to follow certain rules, called restrictions. This can be instead of or in addition to revoking your DRO.
If you give false information about your finances
Giving false information about your finances or hiding anything you should include in a DRO application, is a criminal offence.
Not only can your DRO be stopped, but it may lead to a debt relief restrictions order and you could even be fined or go to prison.
If your DRO is stopped
If your DRO is stopped, you and the creditors listed in the DRO will receive a notice explaining:
why the official receiver wants to revoke the order
the date from which the DRO may be revoked
how you can challenge this.
If you don't challenge the plans to revoke your DRO, it may be stopped and your creditors will be able to start taking action against you again to recover what they're owed. This can include any interest and charges that have built up since you applied for the DRO. You'll need to find a way of dealing with these debts. Therefore, it's important you respond to any letter or notice you receive that says your DRO might be revoked.
Challenging the decision to stop a DRO
If your DRO is revoked, you have the right to apply to the court to ask for the decision to be overturned. You should speak to your DRO adviser before you do this. They can help you decide whether this would be the right course of action for you.
When your creditors can ask for your DRO to be stopped
Once a DRO is made, it is legally binding. This means your creditors can't object or ask for it to be stopped, except when they believe that one or more of the following applies to you:
information in the DRO is wrong or missing
you are already bankrupt or have made an individual voluntary arrangement (IVA) proposal
your debts don't qualify or you didn't meet the criteria when you applied
you have more than £75 surplus income per month
you acquired property over the value of £2,000
the creditor believes the official receiver shouldn't have made the DRO, because you either gave away or sold assets for less than their value, or gave a creditor preferential treatment within the past two years before you applied for the DRO.
If a creditor does ask for your DRO to be stopped, the official receiver will send you details of the creditor's request and give you the chance to respond before a decision is made.
If you paid an application fee
You can't ask for a refund of your application fee if your DRO application is stopped.