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Archive for the ‘Bankruptcy articles’ Category

Five Steps to Fend Off Dodgy Debt Collectors

Wednesday, July 14th, 2010

If you find yourself in the situation where you are being chased by a debt collection agency, there are some important points to bear in mind – five of them to be exact. Here’s the Debtsolver lowdown on how to tackle those dodgy debt collectors.

  1. Make sure you know your rights; debt collectors have to abide by rules and regulations that require them to treat you properly. Any abusive language or threatening behaviour should not be tolerated.  The Office of Fair Trading has issued guidelines for debt collectors on how to deal fairly with individuals who have defaulted on a debt.
  2. If you are being pursued by a debt collector, chances are that the debt has past the debt collection statute of limitations. This makes it a cheap debt for the collector to pick up from the original owner of the debt. In which case, they will usually consider the debt to have been settled; most often through bankruptcy. Interest in these so called ‘junk’ debts is growing but remember, the statute of limitations has probably expired so talk to a specialist debt advisor or the OFT.
  3. Whenever a collector gets in touch with you, make sure you get as many details from them as possible but do not divulge any of your own until you’ve looked into the debt collection agency and the debt they’re chasing. So, first of all, make sure you get the company’s name, address and a telephone number. Have them send you proof that you actually owe the debt; they should already know your address. If they’ve made a mistake and you’re not the debtor, reply with a certified letter and let them know they’ve got the wrong person.
  4. Monitor your credit report to make sure that you’ve not been the victim of identity theft and someone is out there running up bad debt in your name. You can request a copy of your statutory credit report, a one-off credit report you can order by post, online or by phone, for a £2 admin fee. We’d recommend getting into the habit of doing this once a year to make sure your records are up to date. Be sure to dispute any questionable debts or collection attempts, report any suspicion of identity theft to the police and keep records of correspondence with collection agencies.
  5. If the situation persists, you feel you are being improperly treated by the collection agency or they’ve got the wrong person, get help. The Office of Fair Trading will investigate the conduct of collection agencies and debt specialists will help you to solve the debt problem.

Is There Life After Bankruptcy?

Monday, May 24th, 2010

Bankruptcy is the most severe debt solution on the market. However, if it’s right for you, it can free you from the burden of bad debt and allow you to start afresh, more or less. There are debts that will not be written off by bankruptcy, your student loan and child support arrears to name but two, though generally speaking, you are wiping the debt slate clean. Or are you?

There may be restrictions placed on your finances after your discharge from bankruptcy, like Income Payment Orders that continue to take a repayment towards your outstanding debt for a fixed term. However, any assets that you acquire after completion of your bankruptcy term will, for the most part, be out of the reach of the bankruptcy order.

It is possible for you to be approved for further credit after successful completion of the bankruptcy term but this is not a straightforward matter. The best risk scenario is that you are approved for a loan or a new credit card but the rates that you are offered are significantly higher than they would be if it weren’t for the bankruptcy. This is simply because your bankruptcy and poor financial track record make you a higher risk to any potential lenders.

However, taking on more credit after your bankruptcy, proving that you are able to service the debt and adequately manage your finances is central to your recovery. You will help to repair your credit rating and instill greater confidence; not only in any potential lender but also in your own ability to handle credit. Being approved for a credit card is difficult and can be very expensive in terms of interest rates and charges. Debit cards and prepaid credit cards will be much easier to get.

Opening a bank account after bankruptcy is possible but can prove to be expensive. As your bank accounts will be frozen or even cancelled in the event of bankruptcy, you will need to make alternative arrangements for banking. Once the account has unfrozen, it’s possible that your old bank will re-open your account but place additional limitations on it. Talk to your bank to find out what options they can offer you.

Being approved for a mortgage after you’ve completed the bankruptcy term can be difficult too, unless you can afford to put down really big deposit. As this will be highly unlikely after bankruptcy, your best option is to try and repair your credit rating as quickly as possible. In the mean time, renting might be the most viable option but again, your landlord might want to examine your credit history and could deem you too great a risk.

For most people, the immediate feeling after bankruptcy is one of relief. The severe debt problems that you had will probably not have come on overnight so the chances are that you’ve been living with the stress of mounting debt for a while. To have this stress alleviated is a terrific weight off your shoulders. This can soon be replaced by the stress of worrying about life after bankruptcy and the impact that it could have on your ability to take out a loan, buy a house or start a business. There are alternatives to bankruptcy though, like the IVA, which could alleviate some of these concerns.

Biggins’ Brilliant Bankruptcy

Monday, April 19th, 2010

Christopher Biggins has recently been quoted as saying that the bankruptcy process was the best thing that ever happened to him. Apparently, it taught him valuable life lessons about the difference between cost and value, the importance of money management and taking a responsible approach to spending. Given the trend of bankruptcy and bad debt among his fellow “I’m a Celebrity… Get me Out of Here!” contestants, it would seem to be a lesson that they’d all do well to learn.

Essentially celebrities, or more broadly, those in the entertainment industry, are in jobs that cannot guarantee a stable income for an extended period. Some would argue, what jobs can in this day and age? Well, for entertainers more than most, the work can come and go but the habit of excessive spending remains pretty constant. Others who are self employed will understand the transient nature of the work but the spending habits of celebrities will be alien to the vast majority.

The root of Christopher Biggins’ debt problem will not be unrecognisable to his peers; it boils down to inadequate or non-existent budgeting. When the work isn’t there, the money isn’t coming in. Well, at least certainly not fast enough to match the spending. That, in the most basic terms, is at the core of the vast majority of people’s financial ill-health. Luckily, he sought out debt advice and decided, with the help of the advisor, that declaring bankruptcy was going to be the best option for someone in his situation, facing his level of debt.

The benefit of bankruptcy, if it can be described as such, for someone in Christopher Biggins’ position, who’s struggling to keep control of their spending, is the limit it places on your access to credit. You’re only allowed to keep only one card and a single bank account. So, if you can’t manage your own personal finance, bankruptcy simply makes it a lot harder to spend. Naturally, it’s not the only debt solution currently available on the market UK market. In fact, bankruptcy is the most severe debt solution. It’s possible that you could lose the equity in your home or some other valuable asset to the service your outstanding debt. If bankruptcy is excessive for someone in your situation, it is best avoided. Speak to a dedicated debt advisor and consider something like an IVA instead.

Biggins bankruptcy allowed him to keep his home and other assets. Often though, bankruptcy proceedings will lead to repossession in order to service the debt. Another perk of the IVA is that it lets you keep your home and other assets, as long as you keep up with the repayment plan. The stigma surrounding bankruptcy could be taken two ways in relation to high profile people like celebs. On one hand, they have a reputation to uphold but on the other, courting controversy can prove to be lucrative. For most of us though, the added privacy of an IVA, as opposed to being published in your local newspapers and the London Gazette like bankruptcy, is a significant benefit.

No matter which debt solution is found to be the most suitable for someone in your circumstances, we can learn from Biggins’ debt problem in the way he sought out professional advice. Perhaps had he done it sooner, he would have avoided bankruptcy. Then again, it seems to have worked for him. For a free, impartial check-up of your financial health, visit www.debtsolver.co.uk and a dedicated debt advisor will diagnose your problem and prescribe the proper debt solution.

How Your Enemy Can Bankrupt You Online for £360

Monday, April 12th, 2010

Are you currently embroiled in a bitter feud? Are you looking for a fiendish, dastardly way to hit them where it hurts? Well, probably not. If you were however, you’d be able to go straight for their financial security.

Under the Government’s proposed scheme, which will allow individuals to file for a DIY bankruptcy online, a bit of identity theft and £360 would let you bankrupt your sworn enemy, or let them bankrupt you. Although such soap-opera styled, pantomime villainy might seem a bit far fetched, it does actually make you think about the security of our finances.

The proposal for self-service insolvency has arisen in response to the mounting backlog of bankruptcy applications that are waiting to be processed through the UK courts. It will have its benefits for those people who wish to declare themselves bankrupt. Firstly, they’ll be able to avoid the court process and the long wait that goes with it. In fact, for parts of England and Wales the wait can be as long as three months between making the initial application and being granted a bankruptcy order. For people in a highly serious situation, facing the stress of mounting debt and severe financial difficulties, this is a huge amount of time to wait for the injunction that can save them from their creditors. Naturally, these new measures are intended to cut this highly stressful and potentially damaging waiting time from months to days.

There is cause for alarm though. The threat of malicious bankruptcies, in which blameless victims could find themselves unexpectedly bankrupt at the hands of spiteful, identity thieving impersonators, is real and should emphasise the vital importance of tight security. As we are all aware, identity theft is something that we all have to be vigilant about. The first sign to the unsuspecting victim would know be the broad based shutting down of their financial affairs. They would risk losing their home and other valuable assets; borrowing would become hugely difficult and incredibly expensive; and they could well lose their job if theirs is a profession which precludes those subject to a bankruptcy order.

As severe as the situation is, there is also the fear that there will be people who make an application without proper consideration of the consequences. As there is no requirement for anyone to take professional advice before making their application, unnecessary or ill-advised applications could become commonplace. Essentially, there is nothing to stop you getting back from the pub and deciding to file for bankruptcy, then waking up in the morning and wishing you hadn’t. For such a serious financial process, the most severe debt solution on the market, it’s very important to talk the situation through with an impartial debt advisor. If you’re worried about your financial health, www.debtsolver.co.uk offer free, no obligation debt checkups. From this, one of their dedicated financial advisors will be able to diagnose your debt and prescribe the proper debt solution to suit you. If this is bankruptcy, they’ll support you through the process, if your situation is more suited to an alternative debt solution, they’ll advise you of your options.

What are the Implications of a DIY Bankruptcy?

Wednesday, February 3rd, 2010

The rising tide of insolvency in the UK is causing the government to call for some drastic measures to be put in place in order to ease the mounting pressure on the courts. The number of bankruptcy applications currently awaiting court approval is causing such a backlog that there are ongoing discussions surrounding a proposal to introduce a ‘self-service’ system for online insolvency. In some places, the wait between the initial application to the court and a bankruptcy order being granted is as long as three months. Anything that can be done to alleviate the stress of this procedure is beneficial, as bankruptcy is the most severe debt solution on the market. However, a move that could promote the concept of bankruptcy as a quick-fix for those facing mounting debt could be ultimately damaging.

Bankruptcy should always be your last resort when searching for a debt solution. A specialist debt advisor would always suggest that you weigh up all of the potential avenues of debt help at your disposal before settling on any in one particular. This is doubly important when serious debt problems are prompting you to consider bankruptcy as a possible solution. Bankruptcy can cost you your home and any other valuable assets that may be used to repay your creditors. After taking a reasonable amount of your salary to cover your cost of living, the rest could go towards an Income Payments Order. The implications are long-lasting in other ways too. A record of insolvency can also hamper any future career plans and damage your credit rating to the point where you struggle to secure credit, make down payments or even attain a mortgage.

Although filling in a bankruptcy petition online can seem like a discreet way of managing a potentially embarrassing situation, it’s important to remember that bankruptcies are still listed in local newspapers and the London Gazette. The stigma of insolvency will mean different things to different people but it is definitely something to consider. When faced with mounting debt pressure, you might feel that all of these consequences are necessary evils and would be worth facing to be debt free. Do bear in that your student loan, any outstanding fines and some other debts aren’t actually covered by a bankruptcy petition. It’s also worth remembering that there are other options on the market and that bankruptcy is not an easy way out of bad debt.

An IVA, or Individual Voluntary Agreement, is a far more accessible and less severe debt solution. It will allow you to keep your home, repay a reasonable, affordable amount each month and after a given period, usually 60 months, any remaining debt will be written off.  There are, of course, other debt solutions out there. To be sure you are taking the right option, it’s essential to get specialist debt advice. Contact Debtsolver for free debt help whenever you find yourself facing debt problems.

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