General debt questions

Listed below are some of the frequently asked questions on debt in general.

Click on the question to reveal the answer.

I am now living abroad, what will happen to my UK debts?

It may seem appealing to move abroad to escape UK debts, the person in debt can run but they can't always hide. Creditors have been known to stop chasing those they can't find, however moving abroad doesn't always mean they can't find the debtor. Creditors use the following tactics to trace debtors, talking to neighbours at their debtor's last known address and tracing their activity through using cash. In some cases creditors have relations with other credit companies in that country, making it easier for them to find you. Once the creditor knows which country you are in, they can trace you relatively quickly and start pursuing you for the debt. So it may seem a good idea to move abroad and leave your debts behind, but the creditors can and probably will find you and demand the debt is repaid.

You should ideally establish a repayment agreement with the creditors before leaving the UK. There are many options to clear your debt, even if you no longer live in the UK, for example bankruptcy, IVAs or DMPs. Payplan can offer advice on all UK debts even if you no longer live in the country, however if you are abroad you should make it a priority to make a payment agreement with your creditors. If you fail to make a payment agreement your new life in a new county could be affected as your credit rating may result in you being unable to get jobs or a simple bank account.

Contact Payplan for advice on all UK debts

Should I consolidate my existing debts?

Payplan strongly advise against consolidating your debts, even though it seems to be the first debt solution people consider. Paying off existing debt with new debt can lead to numerous problems, including:

There are alternatives available if you are considering consolidation such as a Free DMP or an IVA, contact Payplan for further advice.

Should I secure my loan to my property?

Covering your debts by securing them to your property is rarely a good idea. For any secured loan the creditors can repossess your property if you fail to make the repayments. The future is very unpredictable and unforeseen events can sometimes make it impossible for you to make the payments on your debts, if the debt is secured and the situation continues you are at risk of having your house repossessed.

I am self-employed, am I liable for the business debts?

The liability for business debts depends on the type of business you are involved in.

For example

Are there any organisations/charities who could help me with an emergency loan or grant?

There are charities, which may help people who are suffering financial hardship, but they all operate under strict rules to prevent abuse. Families who are suffering particular hardship and students are sometimes eligible for emergency loans or grants.

There are a number of loans that are given out depending on your circumstances.

For more information please contact your local free advice centre or Benefits Agency.

Am I able to claim Working Families Tax Credit, and where can I find out if I am eligible for any other benefits?

"Working Families Tax Credit" was introduced in October 1999, to replace the existing benefit "Family Credit". The Inland Revenue administers it, but it is a completely separate system from Income Tax and should not be confused with Tax Allowances. Any family, whether the parents are married, unmarried or lone parents, who have one or more children living with them, work at least 16 hours per week, live in the UK and have savings of less than £8000 may be entitled to this benefit.

To see if you are eligible for Working Family Tax Credit or any other benefits why not carry out a Benefits Check-up.

For more information please contact your local Benefits Agency.

Can my mortgage lender take action if I am in arrears?

Yes your mortgage lender can take action to recover the property if you have failed to maintain the payments to your mortgage (or other loans secured to the property). You can try to negotiate an arrangement with them to repay the arrears but they can still proceed with court action and repossess the property. For more information see House repossession.

I am in arrears with the Hire Purchase on my vehicle, what should I do?

Firstly establish that the loan is in fact a Hire Purchase agreement and don't get it confused with an ordinary personal loan. However if payments have been missed on a HP agreement the hirer may try to repossess the vehicle but this depends on how much you have repaid.

If you have paid more than a third of the debt

The creditor will apply to the court, which will issue you with a 'Claim Form', which gives you the opportunity to return the goods yourself. You will also receive an 'Admission form' which gives you the opportunity to make an new offer of monthly payment to the creditor, this form should be returned within 14 days. If the creditor agrees with the payment you offer you will be able to keep the HP item. However if they refuse the payment they will get a 'Return Order' from the court, this order forces you to return the goods.

If you have paid less than a third of your debt

Asking the creditor to agree new terms can prevent you losing the HP item, for example if you have missed payments but can now afford them and can pay a little extra towards the arrears, offer this to the creditor. Altering the length of the loan, the interest rate and/or the monthly payments could be achieved by asking the court for a 'Time order'.

A Hire purchase loan is a priority debt, so these monthly payments (along with a mortgage and secured loan) should be made in full before you make your unsecured credit payments.

Find your local County Court

How can I pay off my debts quicker?

There are number of things you could do which include:

Payplan strongly advice you not to take out consolidation loans, as they may not solve your problem. Do not be talked into a secured loan against your property.

NB - Before taking any other credit, please make sure that the contractual monthly payments can definitely be afforded.

I have taken out credit at an extortionate APR, what can I do?

There is no legal definition as to which levels of interest are extortionate. It really depends on your own circumstances.

It can be argued under the Consumer Credit Act 1974 that you have entered into an arrangement where the APR was unreasonable. The factors that will be taken into account are:

For further information on this subject contact your local Trading Standards Office.

More Information on debt

Click here for information on all debt related terms

For definitions of all debt terms visit Payplans glossary.

For immediate and free debt advice please call Payplan free on 0800 917 7823 or use our Debt Calculator to submit your debt problem online.

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