Debt Solutions
Formal debt resolution tools
If you have extreme debts, a formal debt solution – bankruptcy, individual voluntary arrangement or debt relief order may be the only way back. It's not a step to be taken lightly, and you should ALWAYS seek debt advice first. This guide acts as a reference, helping you to decode all the confusing language surrounding ways to deal with debt and help you find the right solution.
This is the first incarnation of this guide. Please suggest any changes or questions in the Debt Solutions discussion.
Get Our Free Money Tips Email!
Are you in debt crisis?
The most important thing is not to panic. In years of talking to people about their finances and debt problems, Martin says he's never come across one problem that hasn't had a solution. But before you continue reading, if you haven't already, read the Debt Problems guide. If you can sort out your debts without one of these formal solutions, it's much better to do that.
This guide's here for information only – to explain to you what the different formal debt solutions are. Always, always get professional debt advice before taking any of these steps.
It's safe to assume you're in debt crisis if:
- You're struggling to pay all basic outgoings, eg, mortgage, rent, energy bills and credit card minimums, or
- Your debts (excluding your mortgage) are bigger than a year's income after tax.
If this is you, there are solutions to help you. Here we'll cover debt management plans, administration orders, debt relief orders, individual voluntary arrangements, and bankruptcy. Which solution, if any, is best for you will depend on your circumstances, so take the time to read through the information on the schemes designed to help you.
And – we'll say it again – always, always take debt advice before doing anything. They're there to help, not judge. Try StepChange, Citizens Advice and National Debtline.
Get Our Free Money Tips Email!
Make a deal with your creditors
A debt management plan (DMP) is an agreement between you and your creditors to pay your debts. You make regular payments to a licensed debt management company, the company then shares this money out between your creditors.
This is the least serious of the debt solutions explained in this guide, as it's the only one that doesn't go through the courts. DMPs rely on you having spare cash to repay your creditors, and for them to accept that they'll get their money over a longer period than set out in your credit agreement.
Quick question:
Report your debt management plan experiences in the Debt solutions discussion.
Debt smaller than £5,000?
If you live in England, Wales or Northern Ireland, and have a county court or high court judgment against you, which you can't pay in full, an administration order is a way to deal with the debt. It's a repayment plan arranged by your local county court for debts of less than £5,000.
You'll have to make one payment a month to your local court which is then divided between your creditors – of which there must be at least two.
Quick questions:
Report your administration orders experiences in the Debt solutions discussion.
Debt smaller than £20,000?
Debt relief orders (DROs) are specifically aimed at people on low incomes with debts of less than £20,000. A DRO freezes your debt repayments and interest for 12 months, and if your financial situation hasn't changed at the end of this time, then your debts are written off. It's granted by the Insolvency Service and it's a cheaper option than going bankrupt.
To apply, you mustn't have assets (savings, shares, car, property) worth more than £1,000. And after essential living expenses, you can't have more than £50 left over from your income/benefits each month. If you do, you won't be granted a DRO.
It's worth noting that not all debts will be included in the DRO. While credit cards, overdrafts, loans, rent, council tax, utilities and benefit overpayments will be included, court fines, child support payments, student loans and social fund loans won't be – you'll still have to pay these.
Quick questions:
Debt greater than £20,000?
An individual voluntary arrangement (IVA) is a legally binding agreement that usually lasts for five or six years. Your current, multiple debt repayments will be combined into one monthly payment, which is distributed between your creditors.
So far, so debt management plan. But the IVA differs in that it's a formal arrangement. And as such, any debts remaining at the end of your IVA will be written off, and you get to start with a clean slate.
You can't set an IVA up on your own. You'll need the help of an Insolvency Practitioner – usually an authorised accountant or solicitor, who'll look at your situation and do a deal with the creditors. After the IVA's up and running it's their job to supervise it. But – you will pay for this; IVA costs can be £5,000 to £8,000.
Any amount of debt can be included in an IVA, there are no limits set by the law, but your creditors won't normally agree to an IVA unless your total debts are more than £10,000. To be accepted, you need to have a stable income as you pay towards your debts during the life of the IVA. But its advantage over bankruptcy is that you'll usually get to keep your car and house (though you'll probably be asked to remortgage to release equity).
Quick questions:
Report your individual voluntary arrangements experiences in the Debt solutions discussion.
Bankruptcy – the last resort
Bankruptcy will have a serious effect on your life and should be seen as a last resort. Make sure you've considered all other alternatives and received professional debt advice before you even think about going ahead with bankruptcy.
Bankruptcy is a form of insolvency, which means your unsecured debts must be more than your assets (property, vehicles, etc) for it to be considered.
If you live in England or Wales you have to apply online to the Insolvency Service to become bankrupt. This will cost £680, and you'll be able to pay in instalments of as little as £5 if you can't pay upfront.
In Northern Ireland and Scotland the process for bankruptcy works slightly differently so you'll need to follow the steps depending on where you live.
The other possibility is that your creditors apply to have a bankruptcy order declared against you, if they can prove you owe at least £5,000. This is also issued by the court – and not all courts do bankruptcy hearings – use the court finder to find your nearest.
Quick questions:
Join the MSE Forum Discussion