If you have fallen into arrears with payments on a loan or other type of debt it may be tempting in the short term, to ignore letters or phone calls from creditors but unfortunately it isn’t going to make the problem go away. Here’s how to get back on track and keep the bailiffs away.
Don’t delay
Tell your creditors (the people you owe money to) as soon as you have a problem and ask them to freeze any interest. Don’t ignore letters or demands. Warn creditors if a change in your circumstances will affect you from keeping to your credit agreement. The earlier they know about any problem, the more sympathetic they are likely to be.
Creditors don’t have to accept your offers, but they may agree to a smaller payment over a number of months if they can see over time that your situation is improving. Don’t make an offer you can’t afford – start by offering a small, but regular, payment – this is better than no payment, or one that you can’t keep up.
Creditors may add the costs of phone calls and written reminders to the interest you are already paying, so try to sort things out quickly to stop costs piling up. Avoid taking out a loan to consolidate your debts until you’ve taken financial advice about the full range of options that are open to you to manage the problem in the most effective and sustainable way.
Keep notes
Follow up any phone calls with a letter, confirming what you have agreed and ask creditors not to take any further action during this time. If you can’t get a creditor to accept your offer, get help from an advisor. Always keep any copies of letters you write and any that you receive and make notes of any phone calls, dates and the names of the people you speak to.
Send your creditors a financial statement showing your income and outgoings. You may have to prove this with wage slips and benefit details. Explain your offer to pay off your debt and any steps you are taking to increase your income or reduce your spending. The aim is to show how much you need to live on and that your offer is fair.
Reducing your interest on payments
Some companies might stop charging you interest payments on loans/credit cards, but you must ask them for this. Your payments then go to paying off the original amount borrowed, not the interest.
If the first person you speak to in the creditor’s office is unhelpful, be persistent and go higher up. Make payments to the creditor anyway, even if they say the offer is too low. The company may be a member of a trade association, so if you feel you’ve not been treated sympathetically you can complain to the association.
Try to stick to any agreement made about reduced payments. If you’ve made any arrangements by phone, follow this up with a letter stating clearly what has been agreed.
Harassment from creditors
Creditors are entitled to keep reminding you if you don’t pay, as long as they don’t resort to improper methods. A creditor may also transfer your case to a debt-collecting agency. It’s illegal for a lender, or a lender’s agent, to keep demanding payment, for example, by phoning you late at night, or too frequently at home or work. Neither should they park a van marked debt collectors’ outside your home, nor contact your employer.
You can’t be prosecuted in the criminal court because you haven’t paid your debts; however, some lenders might try to make you think you can. If you’re being harassed or discriminated against tell your local trading standards department or the police.
Difficulty negotiating an agreement
Work with a respected debt counselling agency to manage the debt problem. This will prove you are being proactive in sorting out your problems.
Apply for a court order that allows you to pay only a proportion of the debts. This is called an Administration Order.
Arrange a legal agreement with your creditors, known as an Individual Voluntary Arrangement (IVA).
If they want to take you to court
Hopefully, by talking to your creditors and following the steps mentioned, you will avoid being taken to court. Most creditors don’t want to take court action and they will send you a written notice beforehand. If court action has started, don’t ignore the court papers; fill in the forms you receive with the summons as soon as possible. Send them back to the court or the creditor, as instructed.
Always seek help after receiving a summons.
Citizens Advice Bureaus, law centres, Money Advice Centres and welfare rights services can help you fill in the forms and explain the steps involved. You might be able to obtain legal aid and be legally represented in court. In the small claims court, you can have a lay representative (someone to speak for you who isn’t a solicitor or lawyer). Some Citizens Advice Bureaus offer this service.
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