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7 December 2009
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You are in : LEGAL AND FINANCIAL

COPING WITH DEBT

It’s not difficult to get credit and all too often, people are persuaded to buy things they can’t really afford. But more people who get into debt, do so because of an unexpected drop in income due to illness, redundancy or marital breakdown. The sooner you face the problem, the easier it will be to solve it.

Are you in debt? Follow these simple rules
What the law says
Acting as guarantor
Secured Loan
If you have a complaint
Organisations who can help

 

Are you in debt? Follow these simple rules

1. Don't Panic - Keep Calm and don't ignore the problem, it won't go away.
   
2. Don't take out any further credit - you'll only get yourself in worse trouble.
   
3. Gather together all the documents you have about your debts and make a list of all the people you owe money to, how much you owe to each one and what type of debt it is (mortgage, rates, fuel bill, overdraft, credit card, bank loan). You should do this for all your credit commitments, even if you're up-to-date with some accounts.
   
4. Work out your most important debts - these are the ones where the creditor has a drastic sanction like repossession (mortgage arrears), cutting off your supply (gas or electricity bill) or imprisonment (child support). You need to agree repayments on these debts first before tackling your credit debts.
   
5. Work out your total income from all sources (use either monthly or weekly figures - don't mix the two). You may be able to increase your income by checking you are paying the right amount of tax or claiming benefits. Seek advice from your local CAB if you would like us to check whether you are receiving all you are entitled to.
   
6. See if there is any way you can cut down on your expenditure, but don't underestimate the amount you spend on essential items like food and fuel. Find out whether you can spread payments for fuel by budget schemes where you spread the amount over the year. This may help you pay your bills more easily.
   
7. Subtract your expenditure from your income - if you have any money left over, this can be split between your creditors. If you don't have any money left over, contact your local CAB for advice about what you can do next.
   
8. Negotiate repayments on your most important debts, then split any remaining money between your credit debts. CAB advisers do this by working out repayments according to how much you owe each creditor. This is called pro-rata distribution.

What the law says
Lenders have a right to get back what you owe them - but you have rights as well. It’s illegal for moneylenders, debt collectors or bailiffs to threaten you by phoning you late at night or too frequently at home or at work. They must not use violence or harass you. They can’t prosecute you in a criminal court so don’t let them intimidate you with this threat. If you are being harassed, you can complain to the Trading Standards Service or the police.

Acting as guarantor
Did you know that if you act as a guarantor for somebody else’s loan, you must pay back all they owe if they stop paying. Don’t be a guarantor unless you can afford the risk,. If you agree to be one, make sure than you see all the papers.

Secured Loan
You might be able to get a cheaper loan if you put your house up as security, but if you can’t keep up the payments the loan company can sell you home to pay what you owe. Be sure you can afford this risk.

If you find yourself I debt, don’t ignore it. Work out exactly how much you owe, who you owe it to, and what you can pay back. Tell your creditors ( the people you owe money to) as soon as you have a problem. Don’t ignore letters of demands. If you can warn creditors of a change in your circumstances which will affect your ability to keep to your credit agreement. The earlier they know about the problem the more sympathetic they are likely to be.

Creditors may add the cost of phone calls and written reminders to the interest you are already paying. Sort things out quickly to stop costs piling up. Write out a list of all the money you have coming in each week or month. Next, for the same period, write down all the things you spend your income on and how much you spend.

Once you’ve done that, you should be able to see whether you need to look at ways of increasing your income. Are you sure you’re getting all the social security benefits you’re entitled to? could you take on a part time job till you’ve cleared your debt.

Next step is to see whether you could cut down on your spending. Be prepared to make sacrifices and cut down on things which aren’t essential.

Some debts can cause trouble than others. These are priority debts. You must deal with these first. These include, electricity, rates and fines or other court orders. You can then decide how much you can afford to give any other creditors. Contac the lender but don’t make offers you can’t afford to repay.

If you can’t tackle your debt problems yourself or if you feel you would like help, ask at your local Advice Centre or Citizens Advice Bureau. Some of these will have specially trained Money Advisers and if necessary they will contact your lenders on your behalf.


If you have a complaint
If you think that you’re paying "sky high" interest charges, it might be worthwhile to go to court and ask for the agreement to be changed in order for you to pay less. This is tricky however, and you’ll need expert advice. Ask for help from your local Advice Centre or Citizens Advice Bureau.

If at any stage you feel that the lender is generally trading unfairly, you should contact Trading Standards Service. If they agree with you they will inform the Office of Fair Trading which issues credit licenses to all authorised lenders.

If you have a problem with debt you can contact your local Citizens Advice Bureau. The CAB money and debt advice service aims to provide a free, confidential, impartial, independent and non-judgemental service to the public.

Organisations who can help:

The Northern Ireland Association of Citizens Advice Bureau can be contacted at:
11 Upper Crescent
Belfast BT7 1NT
Tel. No: (028) 9023 1120

or

211, Antrim Road
Belfast
BT 15
Tel No: (028) 9075 2114

East Belfast Independent Advice Centre
85 Castlereagh Street
Belfast
BT5 4NF
Tel: 028 9096 3003
Fax: 028 9096 3004

Consumer Credit Counselling Service/Debtline NI
Tel: 0800 138 1111

National Debt Line
Tel: 0808 808 4000

Financial Services Authority
Tel: 0845 606 1234
Fax: 0207 676 1099

RELATED LINKS

Causes of Debt
Debtline NI
Money Advice and Budgeting Service Ireland
National Debtline
Citizens Advice Bureau or contact your local CAB
Financial Services Authority
Credit Finance
Credit Action
Advice Guide

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