Dealing With Debt: Where to Start
Data last checked on .
Checked against MoneyHelper, GOV.UK, the FCA Handbook and one other official source. Edited by Steven Butler.
All the pages checked
- MoneyHelper, How to prioritise your debts
- GOV.UK, Get free debt advice
- MoneyHelper, Bill prioritiser: get help with your bills
- MoneyHelper, Help if youโre struggling with debt
- GOV.UK, Options for dealing with your debts
- MoneyHelper, What is a Debt Management Plan (DMP)?
- MoneyHelper, Best way to pay off debt in England and Wales
- MoneyHelper, Best way to pay off debt in Scotland
- MoneyHelper, Options for clearing your debts in Northern Ireland
- FCA Handbook, CONC 7.3 Treatment of customers in or approaching arrears or in default
- FCA Handbook, CONC 7.1 Application
- legislation.gov.uk, Administration of Justice Act 1970, section 40
- legislation.gov.uk, Debtors Act 1869, section 4
- legislation.gov.uk, Council Tax (Administration and Enforcement) Regulations 1992, regulation 47
- legislation.gov.uk, Magistratesโ Courts Act 1980, section 82
- MoneyHelper, What is a County Court Judgment (CCJ)?
- MoneyHelper, Help if youโre struggling to pay Council Tax
Start by talking to a debt adviser, before you agree to make payments to anyone you owe money to. The advice is free, confidential and independent. Then sort your debts by what happens if you miss them: priority debts carry the most serious consequences if you do not pay.
- โTalk to a debt adviser before you agree to pay any creditor.
- โGOV.UK lists National Debtline (0808 808 4000), Citizens Advice (0800 144 8848 in England) and StepChange Debt Charity (0800 138 1111).
- โSome debt management companies charge a set up fee plus a handling fee each time you make a payment, so check the costs before you sign up.
- โPay priority debts first: they carry the most serious consequences if you miss them.
- โConsumer credit lenders and debt collectors must treat you with forbearance and due consideration if you are in or approaching arrears or in default.
Where to go next
Frequently asked questions
How do I list my debts and start managing debt?
Write down everything you need to pay for: household bills, insurance, credit or store cards, loans, overdrafts, car finance and money borrowed from family and friends. Note how much and when you pay, plus how much you still have left. Then speak to a debt adviser before you agree to make payments to creditors.
How can I clear my debts or settle for less?
If you have a lump sum that covers part of your debts, you could ask creditors whether they would accept a part payment and write off the rest. Writing off debts is possible in exceptional circumstances, when you have no available income, savings or assets. Free, confidential and independent advice can help you decide which route fits.
How do I talk to creditors about debt negotiation?
Providers must offer you a range of support options, and the sooner you talk to them the better. You might agree an informal arrangement: payments based on what you can afford after essential household outgoings, with a request to freeze interest and charges. Some debt advisers can speak to the court, bailiff or creditor on your behalf.
What is a priority debt?
A priority debt carries the most serious consequences if you do not pay it. They can include court fines, Council Tax or Rates, TV Licence, Child Maintenance, gas and electricity bills, Income Tax, National Insurance and VAT, mortgage, rent and any loans secured against your home, and missed payments owed to DWP or HMRC.
Can I go to prison for debt?
The general rule in section 4 of the Debtors Act 1869 is that no person shall be arrested or imprisoned for making default in payment of a sum of money. The exceptions include default in payment of a penalty and default in payment of any sum recoverable summarily before a justice or justices of the peace. For unpaid Council Tax in England, a magistrates' court can only issue a warrant committing someone to prison if it is of the opinion that the failure to pay is due to wilful refusal or culpable neglect, and the term shall not exceed 3 months. For a court fine, the court must be satisfied that the default is due to wilful refusal or culpable neglect and have considered or tried all other methods of enforcing payment. The exception is an offence punishable with imprisonment where the offender has sufficient means to pay the sum forthwith.
What free debt help is available in the UK?
You can get free, confidential and independent advice on debt problems. GOV.UK lists National Debtline on 0808 808 4000, Citizens Advice on 0800 144 8848 in England, 0800 702 2020 in Wales and 0800 028 1456 in Scotland, PayPlan on 0800 280 2816 and StepChange Debt Charity on 0800 138 1111.
What is an Individual Voluntary Arrangement (IVA)?
An IVA is an agreement with your creditors to pay all or part of your debts through an insolvency practitioner. It applies to all your creditors, including any who disagreed to it. It usually lasts five or six years, and there are usually 2 fees: a set up fee and a handling fee each time you make a payment.
Can creditors take money from my wages or benefits?
With a County Court Judgment, a creditor can ask the court for an Attachment of Earnings Order, which asks for the money owed to be deducted by your employer from your wages. Unpaid Council Tax could lead to wage or benefits deductions, and unpaid court fines to money being taken from your wages or benefits. DWP can take money from your wages or pass a debt you owe it to a collection agency.
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