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Seeing a friend in financial strife is difficult and can often prompt people into handing over their own money in order to help them. Just be wary before you part with your cash, says debt wizard Mike Thomas.

Jack and Polly had been living together for about a year but something was not quite right. Every time they went out for a meal or had to buy something for their new home, Jack would make excuses as to why he could not contribute towards the cost.

One day it all came out; Jack had a credit card debt of £1,800. He had missed monthly repayments and now the credit card provider was pressuring him to repay the entire balance.

Polly, smitten with love, stepped in, took out a credit card in her name and used the entire limit to pay off Jack's debt in fell swoop. Problem solved, she thought. But was Polly right to do this?

A friend in need...

Read more: Friends, debt... and how to make sure your help is effective

 

A Deed of Acknowledge is a particularly sinister form involved in home repossession that, if signed can leave you legally responsible for any shortfall after the sale. What's the best way around it? Don't sign it, says DebtWizard Mike Thomas. 

Mark, a police officer, is about to have his home repossessed by his mortgage lender. Sold at auction, it is expected to fetch around £44,000 less than Mark's outstanding mortgage.

Combined with his credit card and personal loan debts, which total around £46,000, this will take Mark's final debt to at least £90,000.

Read more: Repossessed borrowers - sign a 'Deed of Acknowledgement' at your peril

 

Taking the decision to deal with your debt is an important first step, but make sure you follow these tips to avoid any unnecessary hardship. If you’ve had enough of debts controlling your life and never having any money left a week after payday, then you might feel it’s time to sort your debt problems out.

You're not alone

According to one consumer group around 1,000 people are seeking some form of formal debt rescheduling every working day. Some of these people wish to negotiate directly with the lenders themselves and bypass a debt management company, but dealing with lenders in this way can be a very stressful and emotional time. 

To help you through this I’ve put together some simple tips on what to do and what not to do.

Read more: The important do's and don'ts when dealing with your debts

 

With the number of home repossessions dropping slightly, DebtWizard explains how mortgage lenders still recover their losses many years later, just when you think it is all over.

“Help, I can’t believe this is happening to me” gasped the man on the phone. “Surely they cannot do this to me, this house was repossessed some 10 years ago and now they are chasing me for the mortgage shortfall after they undersold it!”

I get quite a few such calls from desperate people that have previously had their home repossessed and not heard anything for years but then, right out of the blue, a solicitor’s letter drops on the doormat claiming thousands- in this particular case £66,381.

How lenders claim such large amounts

Read more: How a re-possessed home can come back to haunt you

 

As the number of consumer insolvencies continues to rise, Mike Thomas calls on the public and the banks to start supporting bankrupts instead of ostracising them.

With the government announcing 34,743 individual insolvencies in England and Wales in the second quarter of 2010 - 5% up on the same time period last year - spare a thought for those individuals who have been battling unemployment and credit problems and who have now decided that insolvency is the only route left. 

Many people regard bankruptcy as an easy way out of paying debts. I simply can’t agree with this as I have often seen the pain and suffering of those going through the experience.

Insolvency involves an individual either going or having been made bankrupt, or successfully proposing an Individual Voluntary Arrangement (IVA), which is seen as a less stringent form of insolvency. 

An IVA allows a borrower to enter into a repayment programme, usually for five years with interest and charges frozen and with the remaining debt written off upon completion of the arrangement. This is unlike a debt plan, where you pay back the debts in full and interest and charges can still be added.

From my experience the majority of consumers who end up going bankrupt have previously been able to meet their commitments until they suffered a trigger such as unemployment, a breakdown in a relationship or illness. 

For some it is just too much to recover from and they end up being plagued by debt collectors who harass them into paying monies they do not have. They then become ill, depressed and often turn to alcohol, crime or gambling.

Their debt problems can also impact on their relationships, their friends and their work. What support do we offer these people? Not a lot.

Instead we advertise their names in the local papers, though thankfully, from April this year, this has stopped for most cases. 

We put their names, occupations and home address on a public register and then bar them from having bank accounts and future credit. What further compounds the matter is that we are fast moving towards a cashless society.

This makes it harder for those who have been through financial difficulties, as they can’t pay by direct debit, receive wages electronically or use the internet for purchases if they don’t have a debit card. 

The banking industry isn’t helping matters either. Only two out of 17 banks seem prepared to offer bankrupts an account and credit facilities are difficult to come by or are denied. It’s no wonder then that people find it hard to get back on their feet.

Are we sowing the seeds of unrest by making these people feel like outcasts in society? Isn’t it about time we started to support and help them manage and rebuild their lives instead of ostracising them? 

I agree that it’s right to investigate bankrupts so that anyone who has been negligent or reckless pre-bankruptcy is subject to a bankruptcy restriction order (BRO). Once imposed on the bankrupt, this restriction means after discharge (usually 12 months) the bankrupt will be subject to certain rules for between two and 15 years.

Furthermore, if they have any money left over each month after paying normal reasonable expenditure they have to contribute to the bankruptcy by making monthly payments for a period of three years.

My forecast for 2010 is for insolvencies to peak at around 165,000, made up of 110,000 bankruptcies and 55,000 IVAs. This dwarfs the number reported for last year, which was 134,142, so this problem is not going away and is growing by the day. 

Perhaps the truth is that some of us who can pay our debts have a problem in accepting the stigma of bankruptcy could disappear and that a different view could be taken in the future. Creditors in particular need to wake up and listen and support borrowers that are prime candidates for bankruptcy.

Read news article covering more in depth figures and further DebtWizard comment: Consumer insolvencies dip 3% but are expected to rise later in the year

BBC Essex

Mike was live in the studio and offers one reason why he feels the bankruptcy figures are down 20%, debt advisers steering consumers prime for bankruptcy to other arrangements such as IVAs and debt plans. He also staggers Dave Monk when he reveals what the fees are for advising bankruptcy compared to an IVA, which by the way, numbers are up 10%.

Listen

 

Read more: Isn't it about time we started supporting the bankrupt?

 

A cab driver recently told me that if he had a debt problem he wouldn’t know what to do to resolve it or even where to start, so I gave him a quick DIY guide to debt resolution from the back of his cab, and here it is!

When you are trying to deal with debts it can be hard to know where to start. This means many people end up burying their head in the sand, which allows their problems to worsen.

So, to help prevent your debts spiralling out of control I have put together a five-point plan.

This is aimed at those who have low to moderate debt with numerous unsecured creditors. 

1. Find out what you owe and to whom

Take your credit cards, loans and bank overdrafts and make a separate list for each of the following:

  • those in your name only 
  • those in your partner's name only (if applicable) 
  • those in joint names (if applicable) 

2. Establish if the loans are secured

Secured loans include mortgages, loans on a property and hire purchases such as those on a vehicle, these are priority debts. Also identify other priority creditors such as utilities and council tax.

Remember if you don't pay secured creditors then you may lose the security (your house for example) and if you don't pay priority creditors such as your electricity or gas provider then you might lose the services they provide. Make a separate list of your unsecured creditors.

3. Work out your disposable income

This is the amount you have available to pay unsecured creditors - credit and store cards and personal loans for example - after you have paid the secured ones in full.

To calculate your disposable income  you  will first need to work out the total family income including pensions, benefits, family allowance and tax credits. Then list all your outgoings, including those to secured creditors.  

Once you have subtracted this amount from your income you will see exactly what your disposable income is and what you can truly afford to pay toward your debts.

This will help you assess your options when it comes to dealing with your creditors.

Click on our budget wizard to help you work this out for free.

4. Work out how much your assets are worth

Now you need to work out what assets you own. This could be your house, even if you have a mortgage on the property. The difference between the remaining mortgage and the estimated value of your house is known as equity, and this is an asset. If the home is jointly owned, however,  then the other named person may well be entitled to half the equity. 

For example, if your mortgage debt with your partner stands at £80,000 and your house is valued at around £140,000, then there is equity of £60,000. Once this is divided between you both, you would each have a share worth £30,000.

5. Get in touch with your creditors

If you fail to make payments to your creditors and don't communicate with them, you will be regarded as someone who won't pay rather than can't pay. This leaves your creditors little option but to take legal action against you to recover their losses.

So contact your lenders, who will request the information detailed in steps one to four, and who can then make a decision on how best to help you.

Above all, be realistic and accept there is a problem, which will only go away if something is done about it. If you feel you can't deal with it on your own then see the DebtWizard list of agencies you could consider.

Read more: London cab driver inspires Mike to write this 5 point DIY debt guide

 

Is there anything you can do to stop a bank taking money out of one account to pay off debts in another account you hold with them?

During the past week or so I received calls from two people, both of whom had money taken from their bank accounts by their banks to pay off their credit card debt. 

Both asked, “Can a bank do this, legally?” and I said, “The short answer is yes.” This practice is known in the trade as “setting-off” and while there are some restrictions it is perfectly legal.

What exactly is setting-off?

Setting off is when a bank uses the money held in one account to pay off a debt in another account held with the same bank.

So for example, if you have an account you pay your utility bills from at the end of each month and your credit card bill, with the same bank, is due a week before, you bank could potentially take money out of this account to pay the bill if there are insufficient funds in your other account to pay for it. 

This would be unbeknown to you, as you will not receive notification from the bank in case you move the money away. So the bank takes money from the account to pay the credit card bill and it is no longer there to pay your utilities. 

Can I get my money back?

If you’re caught out, as in the above scenario, then you need to contact the bank and ask for your money back but you will need to prove that you suffered as result of the bank’s setting-off. 

In the case above the bank has set-off on one account to pay its non-priority, unsecured credit card bill leaving you with no money to pay your priority utility bills, which could also include your mortgage or rent. You will need to send copies of your late payment reminders on any of your priority bills, stating that they were caused by the bank setting off, and demand the bank refunds the money it took under this set-off.

Also, make the point that the bank is to treat you fairly, sympathetically and positively, as required by its banking code. 

Why are the banks allowed to do this?

According to the Financial Ombudsman Service (FOS), the right that allows a financial firm to set-off dates back to the 19th century. This entitlement allows the firm to monitor a customer’s financial position and to combine accounts held by that customer, even though this is not detailed in the terms and conditions of any accounts.

The size of the set-off that the bank can take from other accounts must relate to the size of the missed payment. This means the bank can only take money equal to the size of the monthly payment that was due, not the whole loan.             

The Lending Standards Board issued minimum standards which came into force on 1 May 2010 covering the use of the right to set-off. 

Those customers most likely to be affected by a set-off are those on lower incomes and those struggling with their debts and missing payments on loans or credit card commitments to the bank or institution.

What’s an institution?

Some banks are connected to each other such as Santander, Abbey, Alliance & Leicester and Bradford & Bingley and classed as being under one institute. It is, however, difficult to know exactly who belongs to who. To help you narrow it down, take a look the FSA's list of UK banking and savings groups, it’s not a full list but it gets close. 

The bottom line is that accounts with different banks that come under the umbrella of one institution can be raided.

The bank has refused my claim

If 8 weeks passes from the date you raised your complaint about setting off and the bank has not resolved the issue to your satisfaction, then you can go to the Financial Ombudsman Service (FOS). This is a free service and they will investigate your complaint. Contact the FOS online or call  0800 0234 567.

How do I prevent this from happening to me?

Have sufficient funds in your bank account to pay your debts when they are due!

If you can’t do this because you are struggling to meet your bills, including debts, then get professional advice.  You may also need to think about getting a new bank account, preferably with a bank or institution that you do not owe money, as this would stop the credit card or loan repayment being taken.

Some people will say you need to pay your debts off using your savings and I can’t really argue with that. Especially since savings offer very little interest at present and credit cards charge massive interest.

Is setting off a big problem?

It has been difficult to establish the exact number of consumers caught out as those affected do not necessarily report it to the FOS when it happens. The FOS has said that they have so far handled over a 1,000 cases - just make sure you are not one of them!

Keep control

To save any risk of this happening to you keep your finances under control. If you are missing payments and the overdraft, credit cards are maxed out then think about getting professional advice fast.  We have a list of very useful contacts.

Read more: Is it fair for banks to raid your savings to pay your debts?

 

While some people may think those who are bankrupt deserve to face harsh restrictions, I say banks are only making the problem worse by treating them like pariahs of society.

Very few people run up debts with a view to going bankrupt. For the average consumer, it’s caused by an unexpected trigger, such as a relationship breakdown or job loss.

For most people, going bankrupt is a last resort and one they usually take after getting professional advice. While many will say people have an outright duty to repay their creditors, it could be argued that if creditors adopted a more supportive approach, there might be less pressure to petition for bankruptcy in the first place.

Unless you’ve been through bankruptcy yourself you can only begin to imagine the stress, trauma and anguish these people go through.  And to top it all off, they are then often denied even a basic bank account, which is demoralising, impractical and makes it extremely difficult for them to take control of their finances and make a fresh start. 

It means bankrupt people may face the burden of having to ask friends or family members to use their accounts, resulting in a dependence on others. Without a bank account, people are unable to benefit from direct debit discount schemes, or online discounts, and can be charged extra to pay bills in cash. In the worst scenario it can result in people losing their jobs or failing to obtain employment, because their employer can’t pay their wages into a bank account. 

So why do banks treat current and previous bankrupts as pariahs of society?

What has bankruptcy or even a chequered credit history got to do with opening a basic bank account? A basic bank account has no credit facilities, no chequebook and no credit card. But it gives the account holder a cash card so at least salary payments can be made direct into the account.

Out of 17 UK banks and building societies only two now offer bank accounts to current bankrupts - the Co-op and Barclays - so why don’t the rest? See list.

It doesn’t wash with me that they cost money to run and are not cost effective.  It works well for the Co-op and I am getting good reports about the sympathetic and supportive way they deal with bankrupt consumers. 

As far as I’m concerned the banks should, by law, make banking facilities available to all and not just cherry pick their customers. After all, the banks contribute to the bankrupt’s demise. They, like the borrower, could have said no!

There is no risk to the bank from supplying bankrupts with a basic account - If you are not offering money then it cannot be owed.

The banks see it differently though. What worries them is ‘fear of liability’ which they feel may come about if the bankrupt has a windfall or large payment of cash dropped into their account and it is hidden from the Official Receiver (OR) the body responsible for overseeing the bankrupt’s finances. For some reason the bank feels they may be liable if the money goes AWOL.  

I’ve heard some pretty lame excuses in my time but I’ve never heard of this happening, and I also fail to see how the bank would be liable.

Are we sowing the seeds of unrest by denying those unfortunate enough to go bankrupt the right to have a bank account?  I’m not suggesting they get the full monty of a credit card and overdraft, just the basic account that allows them to function in a modern society where cheques are being phased out.

We need plastic to start a tab in a restaurant, book car insurance on line, make a purchase on the internet or book a holiday.

So now is the time to support those that have had money woes and put them on an equal footing with the rest of society. Many bankrupts actually rebuild over time and continue to pay their way in society through taxes and national insurance contributions.

Read more: Why do banks punish poorer customers?

 

As families struggle to pay their bills and credit remains hard to come by, unlicensed lenders will try to take advantage but there are ways you can beat them at their own game.

When my team and I talk to people to help them overcome their debt problems, part of the assessment is to identify all the lenders to whom they owe money, including family and friends. 

Nothing unusual here, you may think, but digging a little deeper reveals an alarming trend where often, through embarrassment, some individuals will say their debt is to a relative or friend when in reality, they owe money to a loan shark. 

According to a recent report, around 200,000 people in Britain are at risk from illegal loan sharks because they can’t access credit from traditional lenders. 

In addition, over 100,000 people from the UK's poorest families borrowed a total of £29 million from loan sharks to get through last Christmas, which meant they started 2010 already crippled by debt.

It's estimated that these vulnerable families will pay back around three times the amount they borrowed. On average, they borrowed £288 with an interest rate of 800%, but for some this rate could be even higher and the average expected repayment period is one year.

With millions of consumers in the UK finding it difficult to meet monthly bills, it is inevitable that more will now fall foul of the loan shark. 

What is a loan shark?

According to the English thesaurus a loan shark is a 'swindler', 'crook', 'double-dealer' or 'con artist'. I can't really argue with that, but what is clear is within the law a loan shark is an unlicensed moneylender. 

A person or firm can only legally lend money if they are licensed and regulated by the Office of Fair Trading (OFT) and they also must follow the OFT's strict codes of practice.

The disadvantages of using a loan shark are: 

  • You pay a very high rate of interest. 
  • You get a loan on terms that suit the lender and not you. 
  • You may be put under pressure to borrow more to pay off another debt as this makes more money for the loan shark. 
  • You may be harassed or intimidated if you get behind with your repayments. 

Since loan sharks are not licensed, they operate outside the law, which means they can’t rely on the law and courts to collect unpaid loans.

Identifying a loan shark

So how do you find out if a lender is licensed?  The OFT has formed a Consumer Credit Public Register that lists everyone with an OFT licence and includes anyone that has previously applied for one or has had one taken away or suspended.

The register also details trading names and the activities for which a business is licensed - this information is free to access.

You access the 'Consumer Credit Public Register' here or you can call them on 020 7211 8608, between 9.30am and 4pm, Monday to Friday.

If you find a lender isn't listed as having a current licence to lend, then don't borrow money from them.

Alternatives

If you’re stuck, need to borrow money and have been unsuccessful with a bank then consider joining a credit union. 

The government recently relaxed the rules on credit unions to make it easier for them to operate. Credit unions help you to save a little each month and in return they eventually make an advance to you, but with a very fair interest rate. 

For example, if you had a £200 loan, often the interest will only be around 1%, which in this case will make the interest payable at £2 per month. Your nearest credit union can be found here.

If you are worried you may have borrowed from a loan shark, your first step is to search the Consumer Credit Public Register. If you draw a blank, think about contacting your local Trading Standards Office as they have staff trained to help you deal with loan sharks. 

Visit tradingstandards.gov.uk to find your nearest Trading Standards Officer by entering your postcode.

A common question I get asked is ‘Do I legally have to repay the debt to a loan shark?’ The simple answer is no. You are under no legal obligation to repay the debt. If the lender is not licensed by the OFT then they have no legal right to recover the money. 

Because of this, a tactic often used by loan sharks is to intimidate and harass you for payment, but it is an offence for any lender, whether licensed or unlicensed, to harass you.

If this happens, keep a note of the harassment - the date and time it took place - and try to get a witness. You should report any harassment to your local Trading Standards Office and any threats or use of violence should be reported to the Police.

Word of warning

Always go to a licensed lender as this gives you protection under the Consumer Credit Act. Bear in mind, however, that although the lender is licensed, this doesn’t mean they will offer the best interest rate.

The licence covers practices and codes of conduct and is not given to a lender because they are competitive, so always do your research and seek the best deal from three or four lenders.

The last government set up Illegal Money Lending Teams mainly consisting of former police officers, to tackle loan sharks.

If you need help or know of someone that is caught up with a loan shark then contact the support team by calling 0300 555 2222, texting ‘loan shark’ and your message to 60003, or emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

Read more: How to reel in a loan shark

 

Access to money without undergoing a credit check and at short notice may sound attractive but is it worth losing your car over?

You're behind with your council tax or the washing machine has just packed in and you need cash fast.

Where can you get money without being credit checked? You know you stand no chance with a high street bank, your credit card is maxed out and you are wary of payday loans and doorstep lenders.

Suddenly, your vehicle, parked just outside in the street, grabs your attention. I wonder... hmmm. Yes you can, you can often raise cash against your vehicle. 

Every year thousands of vehicle owners turn to companies to raise finance against their car or motorbike in an arrangements commonly referred to as a log book loan. But are they any good?

A log book loan, secured against your vehicle, can range from £500 to £50,000 depending on the value of the vehicle in question. Having a log book loan means that you will lose your vehicle if you default on the repayments to the loan company.

So what’s so attractive about this type of loan? For many people it’s that they are available irrespective of their credit history. 

To qualify for the loan you have to be over 18 and be the legal owner of a vehicle with a current certificate of insurance, a valid MOT if more than three years old, a current tax disc and which has no or very little finance outstanding on it.

Once these criteria are met and as long as you can demonstrate how you mean to repay the loan it’s time to hand over the registration certificate, formerly known as the log book. This is a document unique to each and every vehicle and without it you cannot sell a vehicle. 

Along with a credit agreement you will then be asked to sign a bill of sale, which temporarily hands over ownership of the vehicle to the loan company and gives them the right to repossess the vehicle in the event of you defaulting on your repayments.

The standard term for a log book loan is 58 weeks although you may be able to pay it off earlier. Since the annual percentage rate (APR) can be high it is advisable to pay it off as quickly as possible.

The APR includes the interest rate you pay, how you repay the loan, the length of the loan agreement, the frequency and timing of payments and the amount of each payment, and finally, the fees associated with the loan. 

By law, lenders must tell you what their APR is before you sign an agreement and it is important to remember that it can vary from lender to lender.

Don’t make the mistake a client of mine did a few years ago when he went to the lender with the highest APR because he thought it was a ranking guide as to the quality of the firm!

For the record, the lower the APR the cheaper the loan will be for you. The typical APR for a log book loan is 437.4%.

With this typical APR, if you borrowed £1,500 and paid £53.60 a week for 78 weeks, you would repay a total of £4,180.80. Although you could pay considerably less if you repay early, so long as their is no early repayment fee.

How they work:

Once the deal is done, how do you get paid?

Usually it is by cheque which takes several days to clear although some firms offer a quick cash service, but can charge as much as 4% in fees for this option.

How much can I borrow against the vehicle?

This will obviously depend on what the lender values your vehicle at. They will usually ask you to take it to an agent, in a location of your choice, together with the relevant documentation to confirm what they are prepared to lend. Even if the vehicle has existing finance against it, it is possible to account for this when they make their offer.

If you take up a log book loan it is important to remember that while you keep your car, the lender will keep your log book until you have repaid the loan.

Disadvantages of a log book loan:

  • A very high APR, possibly as much as 437.4%, making it a very expensive form of borrowing 
  • The debt quickly escalates out of control if you start to fall behind with the payments 
  • You could lose your car or motorbike if you fail to keep up the payments on the loan 

Advantages:

  • No credit check
  • Available to those with an impaired credit history
  • Depending on which firm you use funds can be available immediately
  • No restriction on what the money can be used for 

Read more: The truth about log book loans

 

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