Financial Ombudsman decisions are legally binding on the firm. But if it's been a couple of weeks and you haven't been paid, you may be feeling worried... This article gives some information on how you can enforce a decision from the Financial Ombudsman Service (FOS) through the courts. I'm doing this to re-assure you that it can be done, not to encourage you to rush out and do it! It is … [Read more...]
How F&F settlements affect credit ratings
A reader has asked how Full & Final settlements (F&Fs) would affect her credit rating which is currently looking good as her debts were all defaulted and have dropped off her credit record. A full and final settlement happens when a creditor agrees to accept an amount which is less than the total owed to settle a debt and agrees that the borrower will not be pursued for the remainder. … [Read more...]
Which debts can you go to prison for not paying?
I don't think people should be sent to prison for not being able to pay a debt. It rarely happens, but it's important to know the sorts of debt where this is a possibility. About a hundred people a year are sent to prison for council tax arrears - here is a case where a mother was in prison for 40 days before being released. About 30 people a year go to prison for not having a TV licence - … [Read more...]
Joint debts – what happens in an IVA / DRO / bankruptcy
A reader asked: I have received a letter saying we still owe £4,000 in council tax. The debt was included in my bankruptcy a few months ago but they are chasing my wife for the full amount, what should we do? This article looks at what happens to joint debts which are unsecured, not mortgages or secured loans. It covers all three forms of insolvency - bankruptcy, DROs and IVAs - because the … [Read more...]
What is the difference between “settled” and “satisfied” on a credit report?
A reader asked: My Credit Karma report shows some settled debts but one is shown as satisfied. I am sure I paid them all off in full. Does it make a difference and should I ask for this to be changed? … [Read more...]
Debt Clever – trying to profit from closing down?
The FCA says that over a hundred debt management firms who applied for authorisation have been refused or have withdrawn their application. In September 2016, Debt Clever became one of these firms. Some firms that are closing are looking for ways to continue to make money from their clients. This article looks at the approach that seems to have been adopted by Debt Clever. Background on Debt … [Read more...]
Pensions safe in bankruptcy after Appeal Court decision
Following an Appeal Court ruling on Horton vs Henry, published in October 2016, pensions are once again safe if you go bankrupt. The full judgment is here. The background to this case was: before 2000, pensions formed part of a bankrupt's estate and would be taken once the bankrupt reached pension age; the Welfare Reform and Pensions Act changed this. For people going bankrupt after … [Read more...]
Is my house safe if my new partner goes bankrupt
Ms P asked "I want my partner to move in with me but he may have to go bankrupt so we need advice on the timing. He has got a lot of debt trying to keep his business going but it doesn't seem to be working. I have a house with a lot of equity and we don't want this to be at risk at all. The question is if he moves in now and goes bankrupt in a few months, will that cause a problem? Or is it … [Read more...]
IVA early exit loans – Perinta/Creditfix and Sprout/Aperture
Early IVA exit loans from Perinta offered in 2016 to Creditfix customers Some people have been told they can end their IVA by taking an "early exit loan" from Perinta Finance Ltd, via a broker called Just Lending. Creditfix is sending these emails, but the loan may be available to people in IVAs with other firms. Pearse Flynn, the CEO of Creditfix, used to be a director of Perinta, but no longer … [Read more...]
“Can I use the Right to Buy my council house when I have debts?”
A reader asked: I moved in with my parents into their council house several years ago and we are looking into the right to buy scheme. We received the paperwork and it stated that you are not entitled to the right to buy if you owe money to creditors. Five years ago I lost my job and had a relationship breakup and unfortunately got into debt. Two accounts were defaulted and I went into a payment … [Read more...]
How to complete the online bankruptcy application
In 2016, an online Bankruptcy Application was introduced in England and Wales. When you submit the online Application it is checked by the Insolvency Service Adjudicator who makes the Bankruptcy Order. The online application is a huge improvement on the old court forms! The online application is pretty long and you may need to find some information for parts of it. You don't have to … [Read more...]
How to pay your bankruptcy fees
You can pay your bankruptcy application by debit card or cash. If you are paying by card, you can do this in instalments. The payment methods are all explained in the new online application. I'm going through it in detail here as you might like to understand how this will work but don't yet want to start a bankruptcy application. If you want to know more about the rest of the bankruptcy … [Read more...]
Choosing a debt management company – free or pay fees?
If you want a debt management plan (DMP), where your creditors are asked to freeze interest and accept a lower monthly payment, which debt management firm should you use? This article looks at the things to consider. It is a big decision as you are going to have to deal with this company - including discussing the details of your personal expenses and income - for several years. Pick the right … [Read more...]
IVAs – do you have to get a secured loan – a case story
A reader asked this in a comment, but it needs a whole article to tell the story properly: "We are currently 4.5 years into an IVA, we have got to raise £15,000 through remortgage. We have been told from the start to not worry as there is little to no chance of us being offered it, however we have been offered a £15,000 loan over 15 years and paying back £45,000. I can’t believe this is an … [Read more...]
Must I tell Official Receiver what I spent money on
A reader asked if he has to give the Official Receiver details of his expenditure. If the expenditure is before he went bankrupt, the answer is "Yes, definitely - but this probably won't be in a huge amount of detail". But if he is worried about whether he has to report to the Official Receiver about his spending while he is bankrupt, the answer is "No, not normally". Expenditure before you … [Read more...]