How to deal with personal financial problems

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1 How to dea with persona financia probems D I S P U T E R E S O L U T I O N

2 Introduction Heping you face the future with confidence In 2014, the eve of consumer debt in the UK grew to reach a seven-year high. For the increasing number of individuas facing mounting financia probems, the future can appear beak with no obvious way out and few, if any, viabe options. So, what steps can you take to hep you cimb out of debt and face the future with increased optimism? In this guide, we set out 10 key things you need to know, to hep you dea with the probem of mounting persona debt.

3 1. Take advice now It is never too eary (or too ate) to start taking advice, and the earier you begin to dea with the probem, the more options you wi have in the future. For exampe, seek assistance from debt management speciaists and / or a soicitor who deas with individua insovency. Free professiona advice can aso be obtained from agencies such as Debt Line, the Consumer Credit Counseing Service, the Citizens Advice Bureau, the Nationa Debt Line and Paypan. 4. Speak to your creditors Let creditors know about your financia position and try and reach an agreement as to the best way forward. Very few, if any, creditors wi gain financiay from making you bankrupt and most are eft worse off than if they agree an affordabe repayment pan, even if it is over an extended period. You can use a third party, such as a friend, debt counseor or soicitor if you woud prefer not to speak with them directy - the most important thing is that you begin a diaogue with them as soon as possibe. 2. Stop spending and draw a budget The earier you can stop the probem from getting worse the better. Draw up a monthy budget, cutting out anything other than essentia spending, and try and stick to not spending more than your income. 3. Prioritise your spending This wi normay mean ensuring that your home and essentia utiities are paid before other ess essentia creditors. For exampe, pay your mortgage / rent, gas and eectricity before your phone bi or TV package subscription and don t just pay the creditor who is shouting the oudest and being the most aggressive or threatening. Remember that a creditor must now be owed a minimum of 5,000 before they can take steps to make you bankrupt.

4 5. Consider the pros and cons of bankruptcy In most cases, bankruptcy shoud be regarded as a ast resort. Athough you wi usuay be discharged from the effects of bankruptcy after one year, it is often ony the best course of action for those facing considerabe debts with no income and no assets. Bankruptcy means giving up your beongings, saary and home and being paced on a credit backist. It aso means the investigation - and sometimes the setting aside - of transactions (known as preferences or transactions at an undervaue ) - going back a number of years. In certain circumstances, a trustee may seek to extend the one-year discharge period by asking the court to make a Bankruptcy Restriction Order. bankrupt. You wi need the support of at east 75% of your unsecured creditors by vaue, for the IVA to be approved, so you wi need to ensure that your major creditors support the arrangement. If you re considering this option, then you shoud take advice from a awyer or insovency practitioner. 7. What is an Administration Order? This process aows a creditor with a tota combined debt of ess than 5,000, to appy to the court to consoidate these debts and make a singe monthy payment. This stops your creditors taking further action against you without the court s permission and prevents creditors and debt coectors from contacting you. 6. Consider a forma arrangement with your creditors (or IVA) An Individua Vountary Arrangement (or IVA) is a forma and structured agreement with your creditors, whereby you agree to repay an agreed percentage of the debt outstanding over a set period of time (usuay five years). The advantages of an IVA, from your point of view, are that you avoid bankruptcy and retain contro over your assets. Once approved, a your creditors are bound by the IVA and providing you meet the repayments, they cannot take any further steps against you. Once paid, you wi have no further iabiity for any of the origina debt. From your creditors point of view, they often end up with more of the debt paid off than if they had made you

5 8. What is a Debt Reief Order (DRO)? A Debt Reief Order (DRO) is a ow-cost aternative to bankruptcy, and wi appy if your tota debt is ess than 20,000 (a figure that s recenty been increased from 15,000), you have assets worth no more than 1,000 (other than a car worth ess than 1,000) and ess than 50 a month eft over after paying your norma househod expenses. Ony certain debts quaify and a DRO wi impact upon your ifestye and credit rating, so you shoud seek professiona advice before making the appication. 9. What do I do if I receive a bankruptcy petition? If you are served with a bankruptcy petition, you wi receive notice of a court date (usuay at east 4 to 6 weeks in the future) when the petition wi be considered by the court. You shoud immediatey contact an independent professiona advisor, such as an insovency soicitor or practitioner. You may have grounds to chaenge the petition or underying debt but, if not, they wi normay initiate contact with the petitioning creditor to see if a negotiated settement can be reached and the petition withdrawn. pay any monies recovered (after deduction of their fees) to the creditors. Once an order is made, you ose contro over your income and assets (athough you are aowed to keep any toos, books or vehices used in the course of your empoyment, together with cothing, bedding, furniture and basic househod equipment). The trustee or Officia Receiver (OR) wi dea directy with the creditors. Whist you are bankrupt, you are prevented from: trying to get credit of more than 500 (incuding joint credit) without discosing that you are bankrupt. carrying on a business in a different name to the one which has been made bankrupt, without reveaing that you have been made bankrupt. forming or managing a imited company, or acting as a director, without the court s permission. hoding certain pubic offices such as an MP, schoo governor or trustee of a charity. opening a bank or buiding society account, without teing them that you are bankrupt. 10. Deaing with bankruptcy If the court makes a bankruptcy order, either your petitioning creditor wi appoint a trustee, or the Officia Receiver (OR) wi be appointed. Their roe is to protect the interests of the creditors and reaise as much as possibe from the bankrupt s estate. They wi se assets beonging to the bankrupt, incuding the famiy home (even if jointy owned) and

6 Why Linder Myers? At Linder Myers, we are used to heping cients who are in financia difficuty to find a way out. Our speciaist insovency team can review your present position, hep you to prioritise and consider the best options for you. We can aso hep you defend a bankruptcy petition and speak to your creditors to find soutions and reach agreements where possibe. Our experienced financia restructuring team provides pragmatic support to individuas, directors and businesses facing financia difficuties, and to creditors anxious to protect their position when deaing with both individuas and businesses. Eary consutation enabes us to advise you on the fu range of options that are avaiabe to you, and heps you choose the most beneficia outcomes for you, your famiy, your empoyees and business partners. Our services incude advising upon a aspects of individua and business re-structuring, debt management and cash fow improvement. We aso provide advice and assistance with bankruptcy, individua and company vountary arrangements, compusory and vountary iquidations, receiverships and administrations. We can aso advise businesses and creditors on corporate re-structuring and business turnaround packages, the sae of business assets, director disquaification proceedings and misfeasance caims, prosecuting and opposing bankruptcy and winding-up petitions, bankruptcy annument and vaidation appications. We are abe to act against office hoders (iquidators, administrators, receivers and trustees in bankruptcy) and advise upon preference payment caims, transactions at an under-vaue, assignments, retention of tite and appications for possession and / or sae of insovency assets. We can aso assist creditors with ensuring that maximum recoveries are made, and assets recovered and protected when business partners hit financia probems, with quick, effective and sensitive commercia steps.

7 So why us? Speciaising in three main areas of aw: private cient, bodiy injury and commercia matters, our abiity to provide a unique bend of individua and business ega services is what truy sets us apart from our competitors. That and an unwavering commitment that when you work with us, we make sure you have the best possibe experience from beginning to end. Services for you Trusts and Estates Conveyancing Famiy Law Dispute Resoution At Linder Myers: your matter wi be deat with by one quaified soicitor, from start to finish. we wi keep you informed and respond quicky. you do not have to visit our offices (uness, of course, you want to). If you prefer, a matters can be deat with by post, emai, teephone or fax. we adopt a very proactive approach to your caim to ensure that we are efficient and cost-effective at a times. we offer a transparent and competitive approach to costs making them cear at the outset of your caim. we deiver a high quaity service, as expected by our cients. Court of Protection Persona Injury Medica Negigence Empoyment Occupationa Disease Disputed Wis and Probate Services for business Empoyment Commercia Disputes Corporate and Commercia Commercia Property

8 D I S P U T E R E S O L U T I O N CLIT For more information on your consumer rights and the protection Linder Myers can provide, pease visit us at dispute resoution and downoad our quick guide. Aternativey, ca us today on or emai

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