You
must do all you can to keep your creditors on your side. The best course of
action is to contact any creditor you have as soon as you know you are going to
have a problem keeping to the schedule of repayments originally agreed.
You
can telephone them, and most will be very helpful. Because of the large number
of people who have got themselves into a problem with credit and end up having
to make reductions in instalments, they will certainly not be surprised when
you contact them to discuss your situation.
I
have often found though, that the telephone is best avoided as a means of
communication with creditors unless you need to avert an impending prosecution
or stop one of the utility companies from cutting off your gas or electricity.
The trouble with trying to make arrangements over the phone is that you can
often be told that revised repayments will be accepted, only to find that the
verbal arrangement you made has never been noted - and is then forgotten about.
You are then back at stage one, or even worse.
The
best course of action is to write to your creditors. Explain your situation.
Tell them why you can't keep up the original level of instalments and offer
them considerably reduced amounts, explaining that as soon as your
circumstances improve you will return to the original level of repayments.
The
amounts you can realistically afford will be worked out from your listings as
advised in Section Five. Always offer considerably less than you can realistically
afford, that way you will at least have some leeway when, as will inevitably
happen with some creditors, your offer is refused and the creditor insists on a
higher amount.
You
may be pleasantly surprised to find just how little some creditors will accept.
One bank agreed to accept payments of only £8 per month on a debt of mine which
was £3,000. This works out at only 0.2667% of the balance owing. The original
minimum instalment was supposed to be £150 per month - quite a reduction!
Don't
go into too much detail when you write to creditors. They are not particularly
interested in your life history. If you have become unemployed then, of course,
you would mention this. This is one of the most common reasons for people
getting into serious arrears.
If
you have simply overstretched yourself and have taken on much more credit than
you can afford to pay, but are in employment, then simply confess to having
seriously miscalculated your ability to keep to the commitments you have
created for yourself.
Whatever
reasons you have for ending up in the situation of having repayment
difficulties, you must show your creditors that you got into the situation by
misfortune, or mismanagement and not because you have a blatant contempt
concerning any financial obligations. You must also impress upon them that you
sincerely wish to get the difficulties resolved.
Never
give them the impression that you don't care about the fact that you can no
longer keep to your original contract. And never admit to getting into
difficulties because you have been foolhardy about borrowing in the first
place.
Provided
that you communicate, at the earliest possible opportunity when difficulties
become apparent, and provided that you are seen to be making every effort to
sort things out, then your creditors, or at least the majority of them, will
take a sympathetic view.
Always
remember too, that all your communications with creditors should be in polite
language - there is nothing to be gained by being rude or offensive. Your attempts
to have your case sympathetically considered will only be enhanced by being
polite and respectful. By this I don't mean to suggest that you should grovel,
simply that you should project a reasonable and decent image of yourself.
Naturally
some will be more understanding than others. I have had such a mixed response
from a wide variety of creditors. I have experience of a very easy to deal with
bank who are still accepting payments of only £20 per month on a £3,000 debt
(for nearly five years they accepted only £8 per month, as mentioned above, and
this was increased only because my financial situation has improved and I
offered to pay more). The interest was frozen on this debt when I first
informed them of my difficulties, and remains frozen nearly six years later, so
although it will still take some years to pay off, I have no particular
incentive to settle it at a higher rate.
On
the other hand, I have had creditors who would only accept reduced payments for
a trial period of 3 months, and when I was unable to renew the original
repayment schedule, have handed my account over to debt collectors.
The
one good thing about having your debt handed over for collection to a debt
collecting company is that at least the interest will stop accruing. Also,
these companies, by their very nature, are very used to people making offers of
very small instalments.
A
debt collection agency can take over your account, by buying it from the
original creditor (sometimes for as little as 10% of the balance outstanding)
or by managing it on the creditor's behalf. As long as you make some kind of
offer, even for a very small percentage of the original instalments, and keep
to the repayments offered, they are unlikely to bother you again until the debt
is cleared. Even if this process takes many years.
In
the stages before your account gets passed to a debt collection agency, you
should request that the interest be frozen on the account. Explain in your
letter that you are very sorry to have to make this request, but, the only way
you will stand any chance of reducing the amount owing is to be able to have
every payment you make deducted from the balance, and not being used to pay
interest.
Although
many creditors will be reluctant to freeze interest in the long term, most of
them will readily agree to suspending interest for a trial period, usually
three months, and occasionally six months. If you are fortunate enough to get
back on your financial feet within three months then well and good, and you can
recommence payments and cope with the interest being reinstated on your
account.
However,
if you have not enjoyed an improvement in your situation within three months,
you will have to write again to your creditor(s) to explain that the situation
has either not improved or become worse and you need to have interest frozen,
and repayments minimised for a further term. If your situation goes on being
too poor to re-establish the original instalments, then, after two or three
times of requesting that the interest remain frozen and the repayments remain
at the considerably reduced rate, you will usually find that the creditor
troubles you no further.
Then,
providing that regular payments are made, even at a tiny percentage of the
original rate, you will often find that the account is left interest free, and
the reduced payments continue to be accepted without further ado.
A lot
of creditors, if the situation reaches this stage will simply pass your account
onto a debt collection agency as a matter of course. This is nothing to worry
about - as explained above, this can be quite a desirable situation, because
there is then no possibility of any further interest being added, and the
agency will accept very small instalments towards the debt.
I did
once have an account which had been passed onto debt collectors who started
adding interest. I simply wrote to them and pointed out that I had never
entered into any contract to pay interest to them. Since the account was now no
longer being administered with the company to whom I had pledged to pay
interest, I demanded that they desist from adding interest to it. This they
did. They deleted the interest which they had already added and never added
interest again.
One
set of creditors which you must be extra sure to keep on the right side of is
the utility companies. That is, the gas, electricity, water and phone
companies. The problem with these suppliers is that, if you don't do your best
to negotiate and reach a mutually agreeable compromise, they have the power to
cut off the service which they supply.
None
of the utilities want to cut you off. Not only do they want to continue
supplying you so that, ultimately, they will be making a profit from the supply
of their service, but they will naturally wish to avoid the hassle of having to
issue disconnection notices and send someone out to disconnect you.
With
the electricity companies you may apply to have a Powercard meter fitted.
Indeed, if you are having difficulty in paying your bills the electricity
company may suggest to you that you have such a device fitted anyway. For all
the disadvantages of a Powercard, like getting your supply cut off when the
credit from the Powercard is spent, the main advantage of this system is that
at least it will allow you to know exactly where you are with your electricity
bill because you are paying as you go along.
Existing arrears can also be incorporated into the Powercard system :
the meter is set to accommodate this by charging you slightly more for the
electricity you use. When your arrears are paid off, the meter is re-set to the
ordinary level.
With
the gas supply company, you can apply for an electronic payment card. This card
is taken to your Post Office and "charged" with units of credit which
you pay for over the Post Office counter. Again, the advantage of this system
is that you will be paying for your gas as you go along.
The
phone company doesn't have to send someone round to disconnect you, they can
simply switch you off at the exchange. However, they naturally want to maintain
a telephone line supply to as many customers as they can - more customers means
more profit. Of course they will get upset if you don't pay your bills. But, as
with all creditors, providing that you make every effort to reach an amicable
compromise and an instalment schedule, there is no reason that you should have
your service disconnected.
If
you find that your phone bills are too high you should naturally try and cut
down on phone use. If the situation gets really critical you can request that
you receive incoming calls only. This is not a very desirable situation,
because it means that every time you wish to call someone you have to go out to
the nearest phone box, or to your next door neighbour to beg to use their
phone. However, having your phone reduced to being able to receive incoming
calls only can be a lot better than having the line disconnected altogether.
In
cases of rent arrears, existing or impending, you should take steps at the
first sign of trouble and contact your landlord. As with your electricity, gas
and water, you should give priority to your rent, particularly in the private
sector. For all the protection that tenants enjoy from unreasonable landlords,
the one area where the courts will not take kindly to the tenant is where there
has been no reasonable effort made to have payment difficulties resolved. If
you are unemployed you should be able to get all or at least a substantial part
of your rent paid by your local authority Housing Department. The DSS will
advise you on the procedure on claiming this benefit.
Remember,
a landlord can only evict you with a court order. You should be able to avoid
any case of rent arrears from ending up in the courts.
In
the case of mortgage arrears you should confer with your lender as soon as you
become aware that a problem exists. Mortgage lenders have special departments
set up to deal with payment arrears, and, again, as long as you are prepared to
make every effort to get things sorted out, there is every reason that they
will co-operate fully. The last thing they want to do is re-possess your
property. The majority of people who do end up being evicted and having their
properties repossessed are those who have taken little or no action to try and
avert this situation. If you are unemployed and in receipt of state benefits,
and you have an endowment mortgage you should be able to get help with the
repayments to interest from the DSS. The rules and availability of mortgage
relief payment have changed a number of times over the past few years, consult
your local DSS office for the latest information.
When
I had a lot of mortgage arrears which I could not hope to clear, my mortgage
lender allowed the full amount of arrears to be added to the capital loan. This
increased my monthly payments by only a very small amount, but allowed me to
breathe much easier as I had several hundred pounds of arrears absorbed into
the mortgage. If you have substantial arrears which you feel it will be
impossible for you to catch up with, then this is something which you could
suggest to your lender. Naturally they will only allow this if they have a promise
that they will get regular instalments from then on.
Other
debts which should be considered more important than the likes of credit cards
and bank loans/overdrafts are Council Tax, Income Tax and VAT. These are debts
which, if ignored, can, by virtue of who you owe, lead to imprisonment.
Naturally no-one wants to see you get into such a terrible state as to be
liable to imprisonment. And the likelihood of your getting to that stage, even
if you are being obstructive is very limited nowadays. I mention it only
because these debts are owed to government departments who have considerably
more power over you than banks and other company creditors. The same old
routine applies to these debts as to all others though, it is only in their
level of priority that they should be given any preferential treatment.
The
golden rule is, as always, negotiate. Make your situation clear to these
creditors and impress upon them that you will do everything in your power to
resolve matters in the shortest possible time. You may be pleasantly surprised
that the people you have to deal with will be very helpful.
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