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Dealing with Debt

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You Are Not Alone

These days, lots of people are in debt for different reasons and many people find their debts difficult to manage. The important thing to remember is that you must not ignore your debts - they won’t go away. The longer you leave them, the worse they’ll get. If you have a mortgage or rent arrears, you could lose your home if you don’t make your monthly payments. If you lose your home because you have paid other debts instead of your rent or mortgage, you may find that the Council can only help you in a very limited way to find somewhere else to live.

Help addressing your debt

• Split your debts into two groups: priority and non-priority debts - see the later section called ‘prioritising your debts’ for more information on how to do this.

• Always pay your priority debts first.

• Never pay your debts instead of living expenses like your rent or mortgage.

• Contact your creditors (the people or organisations you owe money to) to explain your situation. They are more likely to be helpful if you keep in contact with them.

• Check you are receiving all the benefits and tax credits you are entitled to.

• Avoid borrowing more - it may look like the only answer, but it usually means more debt.

• Be realistic - when negotiating with someone you owe money to, arrange payments that you can afford to keep making. There’s no point agreeing to pay an amount that you can’t afford to pay regularly. Your creditors are more likely to be unreasonable if you keep breaking your promises to pay.

• If you decide to deal with your creditors yourself, keep a record of all conversations you have with them. Make sure you write down the names and phone numbers of the people you speak to.

• Never ignore court papers. Courts are there for your benefit too, and are reasonable about personal debts. Most judgments are issued without a hearing (by default) because the person who owed the money did not respond.

• Be fair - give accurate information to your creditors and any organisation dealing with your debts. Don’t underestimate or exaggerate your

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Prioritising your debts

Different types of debts can be recovered in different ways and it is important to understand these differences when prioritising your debts. Never ignore priority debts: always pay them first. Once you have made arrangements to pay your priority debts you can then make arrangements to pay your non-priority debts.

Both types of debt are listed below and on the following page.

Non-priority debts are debts where your creditors have not got the extra powers listed below when trying to recover their money. In the end, they have to go to court. All the same, you should never ignore these debts.

Debt Possible action

Mortgage Repossession

Rent Eviction

Income Tax,

National Insurance, VAT

Seizure of goods /

bankruptcy / imprisonment

Council Tax Seizure of goods / imprisonment / attachment of earnings orders (taking money from your wages) TV licence Fine / seizure of goods / imprisonment Gas / electricity / water Disconnection of supply

Court fines Seizure of goods / imprisonment Hire-purchase agreements for

essential items

Repossession of goods

Maintenance payments via the courts or CSA

Seizure of goods /money / imprisonment / attachment of earnings

Priority debts

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The most common non-priority debts include:

• Credit card debts

• Personal loans with banks, building societies and finance companies

• Charge cards

• Catalogues

• Personal debts to your friends and family

• Doorstep loans

• Credit sales agreements

• Trading cheques/vouchers

• Mobile phone bills

• Non-essential hire-purchase agreements

• Loans on a house or car that has been repossessed

To work out your budget you need to:

• Work out how much money is coming into your household (income)

• Work out how much money is going out (expenditure)

• See how much money you have left (balance)

• Work out affordable offers to your creditors

• Plan your future spending.

Use the form opposite to work out your weekly or monthly income and expenditure.

This will help you to work out how much you can pay towards your debts. Your creditors will need this information when you negotiate a repayment plan with them. If a debt advice organisation is helping you with your debts, they will also find this information useful.

If you find that your expenditure is more than your income, check whether you are entitled to any extra benefits. Ask at your local Job Centre Plus or local Housing Benefit Office, or contact the Tax Credits Hotline or Pension Credit Helpline, as appropriate (see page 7 for contact details).

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Income Weekly/

monthly £

Expenditure Weekly/

monthly £

Wages Rent/Mortgage

Income Support Endowment Policy

JSA Secured loans

Disability Living Allowance Council Tax

Incapacity Benefit Water rates

Working Tax Credit Gas

Child Tax Credit Electricity

Maternity Allowance Buildings / Contents insurance

Statutory Sick Pay Life Insurance

Child Benefit Phone

Housing Benefit TV Licence

Council Tax Benefit Car tax / MOT / Insurance / fuel

Other Benefits Housekeeping

Maintenance Travel

Other Clothes

Other Medicines

Other Maintenance payments

Pension

Total income Entertainment

School meals School trips

Balance Court fines

Child care costs

Total Income Other

Other

Minus Total Expenditure Other

Other Balance + / -

Total Expenditure

Your income and expenditure

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How to try and help yourself

Consider ways to increase your income, for example by renting out a room, working extra hours or taking a second job.

Consider also whether you could raise any money through the sale of assets or by selling any possessions that you no longer need (e.g. through car-boot sale, garage sale or on an internet auction site).

Make sure you are spreading the cost of your household bills so you don’t have to pay them all at once.

Try to cut down on any expenditure but don’t go without basics like food, gas or electricity.

Don’t worry if the offers you make to your creditors look very small. They would prefer you to offer a small amount you can pay, rather than a larger one that you can’t.

Get help making pro-rata offers to your creditors by contacting a Debt Advice Service or your local Citizens Advice Bureau (see the contact phone numbers at the end of this leaflet). They can give you debt advice and possibly contact your creditors to help you negotiate a repayment plan. They could also give you options you have not thought of.

At some point, you may be advised to:

• Arrange a Debt Management Plan with a Debt Management Company

• Arrange an Administrative Order

• Enter into an Individual Voluntary Arrangement with your creditors.

Any of these arrangements could be right for you, in certain circumstances, but you should get independent advice before making them.

In extreme circumstances you could consider voluntary bankruptcy, but again you

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Notes

Useful Contacts

Citizens Advice Bureau

www.citizensadvice.org.uk - follow the link to ‘Advice Guide’

Aldershot 0845 120 3765

Bramley 0844 848 7969

Cranleigh 0844 848 7969

Farnham 0844 848 7969

Godalming 0844 848 7969

Guildford 01483 506886 / 576699

Haslemere 0844 848 7969

Woking 0845 120 2919

Other

National Debtline 0808 808 4000

Debt Free Direct 08000 831433

Consumer Credit Counselling Service 0800 138 1111 Waverley Borough Council Housing Benefits

& Council Tax Benefits Helpline 01483 523275

Jobcentre Plus 0800 055 6688

Tax Credit Hotline 0845 300 3900

Pension Credit Helpline 0800 991 234

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For further information:

Web: www.waverley.gov.uk/housingoptions Email: [email protected] Tel: 01483 523188

Most of our publications can be provided in alternative formats.

For an audio version, large print, text only or a translated copy of this publication, please contact [email protected] or call 01483 523188.

Disclaimer

This leaflet is not a statement of the law. Nor does it cover every situation. If you are in doubt about your legal rights or obligations, you should seek further advice from the Citizens Advice Bureau or an independent solicitor.

The information in this document may become out of date. We have made every effort to ensure it is mobile

References

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