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Debt remission orders

About debt remission orders

A DRO is to help you if you’re unlikely to be able to repay your debts. This might be as a result of:

  • illness
  • redundancy
  • bereavement
  • the breakdown of a relationship

Debt remission register (DRR)

The register shows details of all debt remission orders that have been granted and are still in effect, or have been discharged in the last three months.

This register is maintained in accordance with Article 7 of the Debt Remission (Individuals) (Jersey) Law 2016 and the Debt Remission (Individuals) (General Provisions) (Jersey) Order 2016.

It shows details of all debt remission orders that have been granted and are still in effect or have been discharged within the last three months.

SurnameForenameDate of birthDate on which DRO was grantedDate on which moratorium was ended
There are currently no debt remission orders

What a debt remission order does (moratorium)

The main effect of a DRO will be to create a ‘breathing space’, called a moratorium, over your debts listed in the DRO. This means that the people you owe money to (the creditors) can't take any action to recover their debts during this time (usually 12 months from the date of the order).

At the end of the moratorium, the debts covered by the DRO will be written off, and they can't be chased for in the future.

The DRO will not release anybody else, for example a joint borrower or a guarantor, from repaying the debt.

Changes in circumstances during moratorium

If your circumstances improve during the moratorium, you can make payments to your creditors and the Viscount will consider bringing the DRO to an end. If the changes happen close to the end of the 12 month moratorium, the Viscount can extend the moratorium for up to three months so you can come up with an arrangement with the creditors.

Debts that aren’t covered

Some debts are not covered by the DRO and you will continue to be responsible for paying them. These include:

  • unpaid fines
  • payments due under compensation orders or confiscation orders
  • payments ordered in family proceedings (for example maintenance to a former spouse or child support)
  • money due to health insurance / Social Security funds / the Comptroller of Taxes
  • damages ordered in civil proceedings (for example for negligence, breach of statutory or contractual duty)
  • any debt incurred as a result of fraud

Requirements for applying for an order

You can apply for a DRO so long as you, as the debtor:

  • are over 18 years old
  • have lived in Jersey for the last five years
  • not had a DRO in the last five years
  • aren’t bankrupt
  • don’t own assets worth more than £5,000 (not including a car worth up to £2,000)
  • have less than £100 disposable income after tax, social security and normal household expenses
  • have less than £30,000 in debt to be covered by the DRO
  • have acted in good faith in relation to your property and debts. This means you haven’t:
  • sold your property for less than what it’s worth
  • got into debt knowing that you won’t be able to repay it
  • been involved in gambling, high risk speculation and / or unreasonable extravagance
  • been careless about your business affairs
  • been involved in fraud
  • been unco-operative with Jersey Citizens Advice or the Viscount

How to apply for a debt remission order

If you want to apply for a DRO, you’ll need to contact Citizens Advice. Citizens Advice will help you to:

  • decide if a DRO is appropriate for you
  • understand the requirements and conditions for a DRO
  • understand the consequences of making the application
  • work out if you can pay something to your creditors
  • make an application

It’s a criminal offence to provide false or misleading documents or information to Citizens Advice or the Viscount.

What you need to provide

When applying for a DRO, you’ll need to go to Citizens Advice Jersey with:

  • evidence of your income (for example bank statements and pay slips)
  • your assets and liabilities (for example what you own and what you owe to others; your home or car)
  • the names and addresses of your creditors and the amount you owe them
  • any other information about your financial affairs

After you submit your application

Citizens Advice will review the information you have provided and your circumstances. If they think that you qualify for a DRO, they will send your application to the Viscount who will then decide whether to allow a DRO. They can ask for more information if they need it.

The Viscount can refuse to make a DRO if you don’t qualify or if you don’t provide any information that the Viscount asks you for. You will be given reasons why which you may be able to appeal against.

After a DRO is made

When a DRO is made, the Viscount will then write to your creditors to let them know that the DRO has been made and its effect. If the debt is covered by the DRO, the creditor can't continue to chase you for payment.

Creditors appealing against the DRO

A creditor can object within 28 days of being told about the DRO. If an objection is accepted, the Viscount can amend or cancel the DRO or refer the matter to the Royal Court.

If the creditor is still unhappy, they may be able to appeal against the decision.

What you must do while a DRO is in effect

If a DRO is made, there are some things that you’ll need to do while it is in effect. You must:

  • not borrow more money or run up further debt of £500 or more, unless you have told the lender about the DRO in advance
    • this includes any borrowing you make jointly with another person, for example ordering goods but then not paying for them when they are delivered
  • not manage a business, including being a member of the States of Jersey, while the DRO is in effect and for five years after it comes to an end in relation to being a States member.
  • continue to pay ongoing liabilities, for example rent and utility bills

If you don’t, you may be liable to a fine and / or imprisonment.

More information about debt remission orders

If you need more information, you can contact Citizens Advice. Telephone: +44 (0) 1534 724942 or the Viscount’s Department Insolvency Team. Telephone: +44 (0) 1534 441410.