This information applies to Scotland
This information gives you basic advice about debt and simple guidelines for dealing with money problems. It is important not to panic about debt problems but also you shouldn't ignore them - they won't go away.
If you are worried about how to deal with your debts, there is free, confidential advice available. Your local Citizens Advice Bureau can give you advice about debt problems. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
There are four steps you can follow to help you deal with your debts:
Before you can tackle a debt problem, you need to collect together information about your money affairs. Make a list of all the people and companies you owe money to (your creditors). You will need the following information for each debt:
It’s a good idea to keep the latest letter or statement for each debt together in one place so that you can easily find them if you need them.
If you've received any court papers or letters that seem urgent, you may need to act quickly. If you are not sure from the papers what you should do next, get advice straight away from an experienced adviser.
Your local Citizens Advice Bureau can give you advice about a debt problem. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
Once you've made a list of all your creditors, you need to work out which ones to deal with first. You need to deal with some debts first before others because the consequences of not paying these debts can be more serious than for other debts. The debts you deal with first are called 'priority debts'. The debts you deal with after your priority debts are called 'non-priority debts'.
Priority debts include:-
You may have other debts which you think it is particularly important to pay. For example, if you're disabled and rely on your car to get around, you may need to make paying for your car a priority debt.
You need to think very carefully about which debts you treat as the most important ones. You must have very good reasons, as you might have to convince a court or your other creditors why it is reasonable for you to treat these debts as more important than others.
Non-priority debts include:-
You can't be sent to prison for not paying non-priority debts. But if you don't make any offers to pay, without explaining why, your creditors may take you to court. If you still fail to pay when the court has ordered it, your creditors can take further action. For example, they can get another court order which allows them to send sheriff officers to your home to take some of your goods away. These will be sold to cover your debts.
List all the income and expenses for your household. Be honest and make sure that the amounts are realistic.
Under income, include:-
Think about the ways in which you might earn extra money or increase your income. You may be able to claim benefits or tax credits. There's a useful website that lists organisations which give grants to people in need. For example it lists some charities which give grants to people to help them pay their bills or essential items. The website address is
www.turn2us.org.uk.
Under expenses, include:-
When you've added up all the figures, you'll see if you have any money left over to pay your debts. You may even be able to see if you can make some savings. An advice agency can help you draw up a budget and help you increase your income if this is possible.
Your local Citizens Advice Bureau can help you draw up a budget and claim benefits and tax credits. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
You can print off a budget sheet to help you draw up your budget. See
Budget sheet in Credit and debt fact sheets.
Don't ignore letters or phone calls from your priority creditors. Get in touch with them as early as possible and explain to them why you are in debt. If you phone, you should follow up the call with a letter, confirming what you said on the phone. Keep copies of any letters you write to them.
An advice agency such as your local Citizens Advice Bureau can help you write to your creditors. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
If your priority creditors are threatening to take court action or have started to take court action against you and you need a little time to sort out your finances, send them a holding letter explaining your problems. Say that you will contact them again within two or three weeks. Ask them not to take any further action during this time. For more about negotiating with your creditors, see under heading Negotiating with creditors.
When you have worked out how much you have left over after paying your expenses, contact each of your priority creditors and try to make an arrangement to pay back what you owe. For example, you may be able to pay an extra bit each month until the arrears are cleared. Or you may not have any extra money at the moment but know you will have a lump sum in three months' time which will clear the debt completely.
If you can’t afford to pay anything to your priority creditors and your situation isn’t likely to get better, the outcome may be very serious. Get advice straight away.
Your local Citizens Advice Bureau can give debt advice in these cases. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
After dealing with your priority debts, you will need to work out how to deal with your non-priority debts. How you deal with your non-priority debts will depend on whether you have any money left over from dealing with your priority debts and paying for essential household expenses like housing costs and food.
If you have money to spare, you may have several options for dealing with your non-priority debts.
You should weigh up the advantages and disadvantages of each of these options carefully. Get as much information as you can before making a decision and don’t sign anything until you are sure it is the best option for you. If you have any questions, get advice.
Your local Citizens Advice Bureau can help you with advice about your options. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
You may have the option of:-
If you have little or no money left after you have done your budget, you have nothing of value to sell and you think your circumstances are unlikely to get better soon, you will have limited options for dealing with your non-priority debts. The options you will have are:-
Any money you have left over after paying your expenses and your priority creditors is called your available income. You can use this to pay off your non-priority creditors.
You should share out your available income fairly between all your non-priority creditors. This means you should offer each creditor a percentage of your available income, based on the amount you owe them. These offers are called pro-rata offers.
To work out your pro-rata offers, first of all multiply each individual debt by your available income. Then divide this sum by the total amount you owe to all of your non-priority creditors.
Example:-
You have total debts of £15,000. You have available income of £200 a month. You owe £10,000 to credit card company A and £5,000 to credit card company B.
Credit company A
Multiply £10,000 (debt to company A) by £200 (your available income). This equals £2,000,000.
Divide this by £15,000 (your total debt). This gives you the sum of £133 per month to offer to company A.
Credit company B
Multiply £5,000 (debt to company B) by £200 (your available income). This equals £1,000,000.
Divide this by £15,000 (your total debt). This gives you the sum of £66 per month to offer company B.
This is the system used by the courts for working out what you can reasonably afford to pay and it is accepted by most creditors.
You will need to write to each creditor. Send them a copy of your personal budget and a list of your other creditors to show them how you have worked out your offers. Make sure you keep a copy of everything you send to your creditors.
Creditors don’t have to accept your offers but usually they will accept them if the amount you offer is fair. Creditors often want to look at your offer again after a fixed time, for example six months, to see if your situation has improved.
If creditors don’t agree to your offer and you can’t persuade them, they may take further action.
For more about negotiating with your creditors, see under the heading Negotiating with creditors.
If you need more help making offers to creditors, you should get advice from an experienced adviser. Your local Citizens Advice Bureau can help you negotiate with your creditors. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
If you have enough money left over after paying your priority creditors and essential expenses, you may be able to arrange a debt management plan.
A debt management plan is an arrangement with your creditors to pay back the debt by regular instalments. Instead of you speaking to your creditors yourself to arrange the plan, a Debt Management Company (DMC) does it for you. Usually you have to pay for this service although there are some DMCs who will do this for free.
The advantages of using a DMC are that:-
However there are also disadvantages to using a DMC:-
If you do use a DMC, check the agreement carefully before signing anything. Check:-
If you are thinking about using a DMC, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
The Debt Arrangement Scheme (DAS) is a payment arrangement system set up by the Scottish Government, to help people manage their debts. Under the scheme, you enter into a Debt Payment Programme (DPP). Once your DPP has been approved you make one regular payment to an approved payment distributor, who sends the money to your creditors.
A DAS Debt Payment Programme can be a useful option if you have some income available to pay towards your debts but your creditors have refused to negotiate or accept your offers of repayment. This is because it is not easy for creditors to block a fair and reasonable DPP. Another advantage of a DPP is that it acts as a diligence stopper. This means that, as long as you make your agreed payments, your creditors can’t take any further action to enforce the debt owed to them. Interest on your debts is also frozen as soon as your DPP is approved. When the programme is completed, the interest and charges are cancelled, which means that you will be clear of your debts.
You can’t apply directly for a DPP. An application must be made on your behalf by a money adviser who has been approved under the scheme. You can find a list of DAS approved money advisers on the website
www.moneyscotland.gov.uk.
If you think you might benefit from the scheme and want to find out more, your local Citizens Advice Bureau can give you more information about DAS and refer you to an approved money adviser. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
A trust deed is a formal agreement between you and your creditors. It passes your assets and property to a person called a trustee who will manage your financial affairs with the aim of paying your creditors as much as possible of the debt owed to them. A trust deed is legally binding. If it meets certain conditions, a trust deed can become protected, which means that your creditors can’t take any further action against you or take action to bankrupt (sequestrate) you.
The advantages of a protected trust deed are:-
The disadvantages of protected trust deeds are:-
If you would like more information about trust deeds, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
The Accountant in Bankruptcy publishes a useful Trust Deed Guide, which is available on its website at
www.aib.gov.uk.
If you have enough money left over after paying your priority creditors and your essential expenses, you could think about taking out a loan to pay off your non-priority debts. This is called a consolidation loan. You can use a consolidation loan to pay off things like credit card debts and loans.
It’s usually not a good idea to borrow more money to repay your existing debts as this can make things worse and cost more in the long-run. Many creditors ask for the new loan to be secured against your home. This means you could lose your home if you don't keep up the payments.
However, if you can afford the repayments, have stable finances and are good at controlling your spending, this could be an option for you.
If you are thinking of borrowing to pay off your debts:-
If you do take out a consolidation loan, be careful you don't end up with more debt than you started with.
Always get advice from an independent financial adviser before signing a new loan agreement. Make sure that the financial adviser is regulated by the Financial Services Authority (FSA). You can check this by looking on the FSA website at
www.moneymadeclear.fsa.gov.uk
In exceptional circumstances, your creditors may agree to write off your debt or stop action altogether. This is most likely to happen if you have a low income and your situation is particularly difficult and unlikely to get better. For example, you may have long-term serious health problems or be very elderly.
You will usually need to show proof of your situation, for example, medical evidence, before creditors will agree. If creditors do agree, ask them to put this in writing.
Some creditors may want an adviser to make this request on your behalf. Your local Citizens Advice Bureau can make the request on your behalf. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
Bankruptcy is sometimes also known in Scotland as sequestration.
If you have no money left over in your budget, or you have so little that it will take many years for you to re-pay your debts, you may want to look at bankruptcy as an option.
Bankruptcy is a process where you are formally declared bankrupt by the Accountant in Bankruptcy (AIB) or by a court. You can apply for your own bankruptcy if you have debts totalling £1,500 or more, or your creditors can apply to have you bankrupted if you have debts totalling more than £3,000 and meet certain other conditions.
Bankruptcy can take the pressure of creditors away from you as creditors cannot take any further action against you to get their money back. You are allowed to keep certain goods and a reasonable amount to live on. When the bankruptcy is over (usually after 1 year), you can make a fresh start and the money you owe is usually written off (although there are some debts such as court fines that are never written off).
However, there are disadvantages to being bankrupted, for example:-
If you are thinking about bankruptcy, you should get advice from an experienced adviser. Your local Citizens Advice Bureau can give advice about bankruptcy. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
The Accountant in Bankruptcy publishes a useful Debtor's Guide, which provides more information about bankruptcy. It is available on the AIB website at:
www.aib.gov.uk
You are allowed to negotiate with your creditors and most creditors will consider any reasonable request or offer of repayment that you make. Sometimes, you need to contact creditors several times before they will agree to what you are asking.
What you ask your creditors for will depend on:-
It’s important that creditors can see that what you are asking for is reasonable in the circumstances. So make sure you:-
Be prepared to contact your creditors more than once.
Keep copies of all your letters to creditors and their replies and a note of any phone calls with them, in case you need them later.
Don’t be tempted to offer more than you have if creditors are difficult. If you can’t get the creditors to agree after a few tries, get help from an adviser.
Your local Citizens Advice Bureau can help you negotiate with your creditors. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
Even if you believe that you have sent all the information to your creditors that they need, you will sometimes find that creditors will not accept your offers at first. Creditors may try to find reasons to pressurise you into paying more than you can afford. Or one creditor may ask you to pay more than you are paying other creditors. If you find this is happening, you should get advice. If the creditor is acting aggressively, this could be a criminal offence.
A creditor who acts aggressively could be an illegal money lender. Money lenders must be licensed by the Financial Services Authority (FSA). If they are not licensed, they are operating illegally.
If creditors do not reply to your offers, start paying them what you can afford anyway, and get advice. If your creditor is a credit-card company, it should allow you a period of grace of up to 30 days to agree a repayment plan with a non-profit debt advice agency, such as a Citizens Advice Bureau. The 30 day period can be extended to 60 days if it can be shown that progress on a repayment is being made but extra time is needed. Debt collection agencies have also agreed to allow people, on request, to a 30 day breathing space to seek advice from a debt advice agency. During this period, they should not try to contact you in any way.
In Scotland, if you think a money lender is operating without a license, you can report them to the Scottish Illegal Money Lending Project. People running the helpline can give you advice about your situation and investigate the money lender. The helpline number is:- 0141 287 6655.
You can find out whether a money lender is licensed by checking the Financial Services Authority's register at
www.moneymadeclear.fsa.gov.uk.
Creditors may challenge your budget and claim that you can afford to pay more than you are offering. In these cases, you will have to be prepared to provide proof of your income such as wage slips and benefits details, and proof of your spending, such as copies of fuel bills and details of rent payments or mortgage payments.
If you are not confident about negotiating with your creditors, or you are finding it difficult to negotiate with them, you should get advice.
If creditors do not reply to your offers, start paying them what you can afford anyway, and get advice.
Your local Citizens Advice Bureau can help you negotiate with your creditors. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
If a creditor is using a debt collector to collect money, there is Office of Fair Trading (OFT) guidance that they must follow. If debt collectors don't follow this guidance, for example, if they are intimidating or pretend to have more legal powers than they really have, the OFT can take action against them. If you are being harassed by your creditors, get advice about what to do as the creditor may be committing a criminal offence.
Your local Citizens Advice Bureau can help you if you are being harassed by creditors. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
Even if an advice agency or Debt Management Company (DMC) is involved in negotiating with your creditors, this does not guarantee a favourable outcome. Even if creditors agree to a payment plan and you keep to the plan, this does not prevent them taking court action against you. It is therefore very important that you don't ignore any letters from your creditors even if you believe that an agreement has been reached. Make sure that your adviser or DMC sees any letters that the creditor sends to you at home. If a creditor seems to be going back on an agreement, get advice straight away.
Your local Citizens Advice Bureau can help you if a creditor takes action against you even if there is an agreement for you to pay off your arrears by instalments. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
When you have fallen into arrears with a loan, creditors are expected to treat you fairly when they are negotiating with you or trying to collect the arrears. Creditors are not allowed to discriminate against you because of your race, sex, disability, sexuality or religion. A debt collector must be very careful when dealing with someone who has a physical or mental illness because they might not be aware of the person's needs and may treat them unfairly.
If you think you aren't being treated fairly by a creditor or debt collector, you should get advice about what to do from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
Local authorities must treat you fairly. For example, if you are a council tenant and owe rent arrears, the council has to try to come to an agreement with you to make affordable repayments. It should also help you to claim Housing Benefit before it can start any action to evict you.
It must not discriminate against you because of your race, sex, disability, sexuality or religion. Many councils also have a policy which states they will not discriminate against you because of other conditions such as HIV. If you feel you have been treated unfairly or discriminated against by your council, you can check what their policy is and make a complaint.
If you have gas and electricity arrears, your supplier should offer you an arrangement to pay off the arrears at a rate you can afford. Alternatively, it can install a prepayment meter. They must offer special protection for customers who can't pay because of misfortune, for example, someone who has lost their job and can't cope. They are not allowed to disconnect certain groups of vulnerable customers such as people of pensionable age or those who have long-term ill-health.
For more information about who is protected from gas and electricity disconnection, see Gas arrears and disconnection in Gas supply, and Arrears and avoiding disconnection in Electricity supply.
If you have credit card debts and the debt hasn’t been passed to a debt collector, the credit card company must keep to the rules of a code of conduct. For example, if you’ve got problems paying back the money you owe on your credit card and you seek advice from a not-for-profit debt advice agency such as a Citizens Advice Bureau, they will hold off collecting the debt for up to 60 days.
I'm a council tenant. I got into difficulties in paying my rent because I'm out of work. I tried to make a claim for Housing Benefit, but I've got dyslexia, suffer from mental health problems and couldn't fill out the forms. Now the council is taking me to court and says they want to evict me. What can I do?
There are rules about what the council must do before they can start action to evict you. If you're out of work, you will probably be entitled to Housing Benefit and the council should have helped you claim this. Also, because you have dyslexia and mental health problems, this probably counts as disability discrimination. Get advice from an experienced adviser who will help you make a claim for Housing Benefit. and will make sure the council stops any eviction action until this has been sorted out.
You need to be aware that some of the options to deal with your debts will affect your credit record. This means that it will be more difficult for you to get credit in the future, including a mortgage or even getting a new mobile phone contract.
This is because information about your financial situation is collected and stored on file by credit reference agencies. They give this information to lenders like banks, building societies, finance houses and major retailers. The lender uses this information to help them decide whether or not to give you credit.
Information held by credit reference agencies includes:-
You can check your credit file to make sure it is correct.
For more information on credit reference agencies, see Being refused credit in Credit
If you are having difficulties in dealing with debt problems, you should get specialist advice. Before seeing an adviser about debt, gather together all your financial papers. These should include:-
If you have to wait for an appointment with an adviser, it may be useful to tell creditors that you have contacted an adviser for help. Most creditors welcome the involvement of a specialist adviser. They may be willing to hold off action so that an agreement to be reached.
Citizens Advice Bureaux offer advice about debt problems. If it's a very complicated case, they will usually be able to refer you to a money advice specialist.
To search for details of your nearest CAB, including those that can give advice by e-mail, click on
nearest CAB.
Help with debt problems is available through Money Advice Centres or Law Centres.
The addresses and telephone numbers of Money Advice Centres and Law Centres can be found in the telephone directory. Alternatively, you can look on the Money Advice Scotland website at
www.moneyadvicescotland.org.uk to find your nearest free money advice agency.
The National Debtline is a free, confidential and independent telephone helpline. It also provides an information pack on dealing with debt. The line is available on Monday to Friday 9.00 to 9.00 and on Saturday 9.30. to 1.00. The National Debtline telephone number is 0808 808 4000 and the website is
www.nationaldebtline.co.uk/scotland
Business Debtline is a dedicated advice service for small businesses. You can get their contact details from their website at
www.bdl.org.uk/scotland.asp or phone them on 0800 197 6026.