
I’ve been meaning to talk about dealing with debt for some time – but it seemed better to all of us to deal with other aspects of the problem of being out of work first. Getting a job and staying positive and at least relatively sane whilst you are going about it, is, after all, very, very important. The trouble is that redundancy and getting into debt often go hand in hand.
The most important thing to do about debt is to face it, and deal with it immediately.
This is a sort of ‘kill it while it’s little rather than waiting for it to grow up’ strategy – and it’s a good one, because it may allow you to avoid having Claims issued against you.
If you receive a letter demanding settlement of a debt then you need to respond to it right away. Your reply should:
- set out your financial situation in detail;
- contain a request that your creditor freeze interest;
- contain an offer to pay weekly or monthly instalments, however small;
- mention any changes that are going to happen that will affect your ability to pay;
- contain an initial payment on account – and those payments should be kept up week by week or month by month until the creditor either accepts or refuses your offer.
Here’s what may happen if you don’t respond to initial letters:
- If you owe money and can't pay it, and you fail to respond to letters demanding payment, then your creditor may issue a Claim or a Writ, depending upon the amount that you owe.
- If you do not answer the Claim or the Writ, then your Creditor may apply for Judgement.
- If the Court considers that the Claim or Writ is substantiated by the accompanying documentation, then it will issue a Judgment against you.
- When the firm of Solicitors acting for the Creditors receives the Judgment; it will notify you of it, and warn you that they may apply for a Warrant of Execution.
- If you don't respond to the letter notifying you that there is a Judgment against you, then Solicitors acting for your Creditor may apply for a Warrant of Execution and instruct a Bailiff or a Sheriff to seize your possessions immediately they have the Warrant. There are household and other goods that neither a Bailiff nor a Sheriff is allowed to seize – but that isn’t the point of this post, although it is something I’ll get around to talking about in the longer term.
Your creditor or its agents may well refuse your offer and issue a Claim or a Writ in any event in an effort to secure the debt - but your letter will evidence both your current financial situation and your willingness to pay what you can, and the Court is unlikely to ignore your letter or award larger instalments to the creditor.
If you receive a Claim or a Writ, you must answer that, too.
There is no charge for doing this. You'll receive an Admission Form with the Claim Form, asking you about your income and outgoings. On the form you can make an offer to repay the debt (or a lower amount if you think you owe less than the creditor claims). If you have written an initial letter attach a copy of it and proof of payment of instalments to the form when you submit it.
If you have not previously made an offer in writing, and explained your circumstances fully, now is the time to do it, because if you don't make an offer and the Court decides against you, it may decide that you must pay either the full amount or make monthly payments.
You have 16 days from the date of the postmark to send the form back to the Court. If you need help to complete the forms staff at your local County Court will be able to answer your queries. Make sure to keep a copy of the completed forms for yourself.
If you ignore a claim, or miss the deadline, the claimant can request Judgment against you without hearing your side of the story. This is known as 'Judgment by Default'. This can result in an Order demanding that you pay the money in full (plus costs) immediately. Your credit rating may also be affected.
After the Court hearing, the Court may issue an Order saying you must repay the debt. This Order is called a County Court Judgment (CCJ) and will either be for the amount agreed between you and your creditor. If you can't agree, then a payment will be set by the Court. If you have written a letter in the first instance, and paid instalments, this will obviously count in your favour.
If you then pay nothing, or don't keep up with the payments under such an Order, the creditor can ask the Court to take steps to make you pay, in which case you may have to pay more costs.
However, don't forget. If you genuinely can't pay, even by instalments, you can ask the Court to reduce the amount of the payments or suspend the Order.
Important: If you have Judgments from more than one creditor, the Court can combine your debts and make an 'Administration Order' - saying you must make a single payment every month to be shared by all your creditors.
When you have problems of any kind, it's very tempting to bury one’s head in the sand, and think that things will go away. When it comes to debt, that isn’t good strategy. If you have creditors who are pressing for payment, or creditors who have issued Claims against you, take my advice and take the bull by the horns and answer them.
Geoff - http://www.metlissbarfield.com/