Money Advice Direct
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A debt collection agency operates with the intention of reclaiming debts. The majority of debt collection agencies will operate with the purpose of recovering money for creditor companies for a percentage of the total amount owed.
By arranging a debt management plan, you can help to avoid a debt collection agency becoming involved. Debt management plans are simple to set up and work in the best interest of all those involved, helping the debtor to become debt free (subject to terms and conditions) and the creditor to regain their loan.
A debt management plan is an informal, non-legally binding agreement between the debtor and the creditor. A debt manager will generally accumulate all debts together and negotiate a lower rate of interest with the creditors. A set period of repayments is scheduled and the debtor is encouraged, but not legally bound to meet these repayments.
Creditors may use a debt collection agency to ask you to pay off the debt.
Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions. They can only write, phone, or visit your home to talk to you about the debt and how to pay it back.
Creditors and debt collectors must follow OFT (Office of Fair Trading) debt collection guidance.
Since April 2007 you can complain to the Financial Ombudsman Service about how a lender or debt collection agency has behaved when dealing with your account. You have to follow the lender's complaints procedure first.
If you want to make a complaint, you can contact Consumer Direct. They will give you advice over the phone or by email. They can put you in touch with the trading standards department in your local council if you need more detailed or face-to-face advice.
An IVA (Individual Voluntary Agreement) is different from a debt management plan, as it’s a legally binding contract between the debtor (person owing money) and the creditor(s) (those owed money). An IVA is generally sought if a debt management plan cannot be agreed between the creditor and the debtor.
As an IVA is a legally binding agreement, a licensed insolvency practitioner must be present when it is signed. Failure to meet the repayment deadlines set out in the IVA will result could result in a debt collection agency stepping in to recover any outstanding finances.
Filing for bankruptcy is usually a last resort for those who aren’t considered for a debt management plan and have no way to finance their debts for the foreseeable future. Those who are unemployed may fall into this bracket.
Although declaring bankruptcy has positives, such as allowing the debtor to become free of creditors chasing payments, lower administrative costs than agreeing to an IVA and creditors are often forced to accept a lower amount than is owed.
However, the negative effects lead people to use bankruptcy as a last resort. All possessions, assets and investments are taken by a debt collection agency to service the debts, negative publicity and any equity will be sold.
Money Advice Direct is an established provider of confidential and non-judgemental debt advice in the UK on serious debt problems. Whatever solution we recommend, honest, best advice is available 24 hours a day, 365 days per year. If you are in debt call us without obligation today on 0800 074 6918 or apply for debt help online and make a clear start today.