Debt Service Uk

Posts Tagged ‘Bankruptcy’

Being severely in debt can be one of the most stressful situations we can find ourselves in within our everyday lives, and in recent years thousands upon thousands of us have begun to find our debts turning into a problem. Maybe your debts have simply got out of hand, with the repayments finally getting too large to handle comfortably, but a more common scenario is that a change in your financial circumstances or employment means that previously manageable debts are now no longer so easy to bear.

If you’re in this situation, you’re probably all too familiar with the gnawing fear that sits in the back of your mind, stopping you from enjoying life as you should. The sound of the telephone ringing can spark the fear, in case it’s a creditor calling to ‘discuss’ your situation, and it’s common to stop opening mail because of an anxiety about what bad news it might bring.

When things get to this level, it’s tempting to bury your head in the sand and hope the problems will go away, but this is absolutely the worst decision you could make. However bad your situation may seem, it’s only by taking control back in some way that you can begin to solve your debt problems, even though this may seem an extremely daunting prospect. The alternative of being passive will only result in your debts spiraling out of control, with bankruptcy and all that entails being an almost inevitable result.

So what can you do to start the fight back? Firstly, you need to take a good look at your situation. In your anxiety about the state of your finances, it’s very possible to get things out of perspective. For example, a missed credit card payment may seem like a big deal to you, and the letters you’ll get off the credit card company may seem intimidating, but in the larger scheme of things it’s not all that serious. A quick call to your credit issuer may lead to a resolution of the problem.

In any case, you should always contact your creditors if you’re struggling to meet your commitments. Behind the corporate impersonal letters they send out, there is usually a human being keen to help you if possible. You may be able to restructure your debt, agree a new repayment plan, have penalty charges rescinded, or one of many other options to consider. Remember, the person you’re speaking to usually won’t have any vested interest in your debt, and will treat the matter with professional detachment.

If your debt issues are more serious, then there is the option of taking out a consolidation loan. Although taking out further credit when you’re already struggling with debt isn’t necessarily a good idea, if done with care it can clear up your problems almost at a stroke. If you choose this route, then be sure to speak to a reputable company who will not lend to you if they think it’s a bad idea for your financial future.

If consolidation isn’t an option, maybe because of poor credit or lack of collateral, then there are still options available. Make an appointment to see a debt advisor, either at a debt handling company or at a charity. They will help you explore what you can do to improve matters, from a formal debt management plan to something less official such as help with a letter explaining your problems to your creditors and asking for a little leeway.

Whatever route out of debt you decide to set off on, remember that it’s only by taking charge of the situation that you can start to improve things.

When approaching your lender to make an offer of reduced debt repayments, it’s best to be completely honest and offer them as much as you can realistically afford to pay month by month.

Whatever happens, don’t try to call their bluff.
You might think that the best thing to do is to become ballsy about your situation. After all, you know that they dont want to take legal action (because they stand to recover less of their money), and they know that you know this.

So you brazenly call your lenders bluff. You ask for interest to be suspended and then offer them a ridiculously low monthly repayment, backed up by the threat if you want any more then Ill file for my own bankruptcy and youll get nothing.

Great idea? Not quite!

Most lenders will have heard this type of threat every day of their working lives. Its just defensive bravado that will make your position worse.

Do you know how most lenders will respond to this type of macho posturing? Well first theyll stop being so understanding and then theyll reply go ahead and do it!

Now bear in mind that most lenders (e.g. banks, building societies, insurance companies etc) are massive organisations, with vast amounts of money at their disposal. So as much as you might like to think that your business is vital to their continued survival, it isnt! Even if they received nothing from your bankruptcy, it would make less of an impact on their balance sheet than a fly hitting an express train head on.

So they double bluff you.

And then what do you do? Do you back down and look weak (in which case further negotiation will be.difficult, to say the least), or do you follow through with your threat and do something (i.e. file for your own bankruptcy) that you dont really want to?

Nasty!

You should avoid this at all costs. Dont even put yourself in that position!

As I said earlier, they dont want to start legal action, but they will if they have to! So dont even test them with this little bluff.

Solutions such as a Debt management plan, Individual Voluntary arrangement, Debt consolidation, or even as a final straw, bankruptcy are all viable solutions when looking for ways to resolve a debt problem.

Below is a summary of these solutions and what they entail.

Debt Management

A Debt management plan enables you to repay your debt in a way that is affordable. This is achieved by offering creditors a reduced monthly repayment which is manageable.

Generally you would need a minimum of 100 a month to realistically offer the creditors an amount which they would be willing to accept.

The main thing is to offer creditors a fair percentage of your available income. Therefore, if you have 3 creditors, you would need to fairly split the 100 to each creditor; this generally works out on a pro-rata basis.

Below is an example of how to divide your available income between your creditors.

If your total debt is 5000 owed to 3 creditors and you have 200 a month available, you would divide the amount you owe to a creditor by your total debt and multiply it by your available surplus, i.e.:

Total Debt 5000

Creditor 1 2400
Creditor 2 1200
Creditor 3 1400

Surplus available 200

Creditor 1 - 2400 / 5000 x 200 = 96
Creditor 2 - 1200 / 5000 x 200 = 48
Creditor 3 - 1400 / 5000 x 200 = 56

As long as you can show the creditors you are offering a fair percentage of the debt, more often than not, they will accept the offer of payment.

As well as offering a reduced payment, more often than not, the creditor will freeze the interest on the account to allow you to repay the debt without increasing the amount of debt by adding interest.

Debt management plans are not legally binding, but may prove to be a suitable option.

Individual Voluntary Arrangement

An Individual Voluntary Arrangement is a legally binding agreement between you and your creditors. IVAs work differently to Debt management plans as they are repaid over 5 years whereas a debt management plan runs until the debt is repaid.

You may be required to include any equity you may have in your property, however, this will be discussed when setting up your proposals of repayment to your creditors.

The idea behind an IVA is to offer your creditors a reduced lump sum which is generally repaid over 5 years. Any assets you have may be included in the arrangement. An insolvency practitioner will discuss with you whether or not an IVA is suitable, and if so, they will work out the best way to repay your debts.

The IP will set up the repayment proposals agreed by you and send them over to your creditors for your creditors to vote on whether they find the proposals acceptable or not. Creditors who represent 75% or more of the total outstanding debt must accept the repayment proposals in order for the IVA to be accepted.

Once the IVA is accepted, you and your creditors are then tied into a legally binding agreement. This means the creditors can no longer write or phone requesting monies from you.

Debt consolidation Loans

Debt consolidation Loans are not for everyone. Sometimes it is all too easy to borrow money to pay money off, yet in the end, you can find yourself in a worse situation than before. It can sometimes help as a quick fix, but in the long run, you end up struggling more with debt and still looking for solutions.

On the flip side, if you know you are a good money manager, make sure you work out the figures, including how much interest you will be paying on top of the money you borrow and youre not tempted to buy something else with the money which lands into your bank account, then debt consolidation may be a solution.

Consider whether or not an alternative option is available which may better solve the situation rather than taking out another loan.

Regardless of your financial situation, it is always advisable to look into all options to find out which is the best solution to repay debts, if no option is suitable and you find you have no realistic amount to offer creditors, then maybe bankruptcy is the only solution.

There is no shame in bankruptcy, although that is what some may like you to believe. Bankruptcy is there because it is needed, and if it the only viable solution, then you can make a petition, but always get as much information as possible so that you are 100% sure bankruptcy is right for you and you are not restricting yourself in anyway.