Personal Insolvency Act 2012

Application for Debt Relief Notice.

29.— (1) An application for a Debt Relief Notice may only be made—

(a) on behalf of a debtor who has made the confirmation referred to in section 27 (3), and

(b) by an approved intermediary who is satisfied, in relation to that debtor, of the matters referred to in paragraphs (a) and (b) of section 27 (6).

(2) An application referred to in subsection (1) shall be made to the Insolvency Service, shall be in such form as may be prescribed by the Insolvency Service and shall be accompanied by such fee (if any) as may be prescribed and the following documents—

(a) a copy of the statement made by the approved intermediary under section 27 (6);

(b) a document signed by the debtor confirming that he or she satisfies the eligibility criteria specified in section 26 (2);

(c) the Prescribed Financial Statement completed under section 27 and a statutory declaration made by the debtor confirming that the statement is a complete and accurate statement of the debtor’s assets, liabilities, income and expenditure;

(d) a schedule of the creditors of the debtor and the debts concerned, stating in relation to each such creditor—

(i) the amount of each debt due to that creditor,

(ii) whether the creditor concerned is a secured creditor and, if so, the details of any security held in respect of the debt concerned, and

(iii) where the debt is an excludable debt, whether that debt is a permitted debt within the meaning of section 28 ;

(e) the debtor’s written consent to—

(i) the disclosure to the Insolvency Service,

(ii) the processing by the Insolvency Service, and

(iii) the disclosure by the Insolvency Service to creditors of the debtor concerned,

of personal data of that debtor, to the extent necessary in respect of the Debt Relief Notice process;

(f) the debtor’s written consent to the making of any enquiry under section 30 relating to the debtor by the Insolvency Service;

(g) a document signed by the debtor stating whether, to the best of his or her knowledge, there is any judgment or court order in force against him or her which relates to a debt which is a qualifying debt;

(h) such other information about the debtor’s affairs (including his or her creditors, debts, liabilities, income and assets) as may be prescribed.

(3) A debtor on whose behalf an application under subsection (1) has been made shall notify the approved intermediary concerned as soon as practicable if the debtor becomes aware of—

(a) any error in, or omission from, the information supplied to the Insolvency Service in, or in support of, the application;

(b) any material change in his or her circumstances between the application date and the date on which the application is reviewed under section 31 (2) that would affect the debtor’s eligibility for the issue of a Debt Relief Notice.

(4) An approved intermediary who receives information under subsection (3) shall, without delay, furnish that information to the Insolvency Service.

(5) An application under this section may be withdrawn by the approved intermediary at any time prior to the issue of a Debt Relief Notice under section 31 .