Personal debt help in the North West & Yorkshire
Debt Relief Orders - Information For Creditors
Reporting Misconduct Relating To Inclusion In A DRO
Although the grounds for objecting to a DRO are quite strict, the official receiver will always consider any evidence from creditors detailing misconduct regarding the debtor’s dealings or property, or suggestions for further explanation or enquiry.
Examples of useful information would be if you have information previously unknown to the official receiver, which identifies undisclosed assets or debts, or about the debtor’s behaviour.
Examples of the type of behaviour which may result in further action being taken are:
- non-disclosure or removal of assets;
- dishonesty in obtaining credit;
- failure to keep or produce records which account for losses during the 2 years prior to the DRO;
- disposal of assets at less than their value resulting in a loss to creditors;
- payment of some creditors in preference to others;
- excessive pension contributions;
- failure to supply goods or services wholly or partly paid for, resulting in a loss to creditors;
- incurring debts (as an individual or a trader) which they had no reasonable prospect of paying;
- gambling, rash and hazardous speculation or unreasonable extravagance which has materially contributed to or increased the debt;
- neglect of business affairs which may have materially contributed to or increased the extent of the debts;
- fraud or fraudulent breach of trust;
- failure to co-operate with the official receiver.
This list is not exhaustive. If you know of any misconduct by the debtor which you think may have contributed significantly to their insolvency, please put this in writing to the official receiver, together with copies of any supporting documentation.
VAT Bad Debt Relief
If you are or have been registered for VAT and wish to claim VAT bad debt relief, please refer to VAT leaflet 700/18/91 “Relief from VAT on bad debts” available from HM Revenue and Customs
http://www.hmrc.gov.uk/manuals/insmanual/INS12601.htm
Further information
Further information about DROs and the role of the official receiver is contained in the booklet “A Guide to Debt Relief Orders” (available in hard-copy on request).
Contact address:
The Debt Relief Order Unit
Insolvency Service
1st Floor, Cobourg House
Mayflower Street
Plymouth
PL1 1DJ
Tel: 01752 635200
Fax: 01752 635222
Reporting Misconduct Relating To Inclusion In A DRO. VAT Bad Debt Relief Advice.
Previous Page ››
|
