Check your options for getting out of debt
Mae'r cyngor hwn yn berthnasol i Cymru. Gweler cyngor ar gyfer Gweler cyngor ar gyfer Lloegr, Gweler cyngor ar gyfer Gogledd Iwerddon, Gweler cyngor ar gyfer Yr Alban
If you have lots of debts and are struggling to pay, there are things you can do to help you get out of debt.
You might be able to talk to your creditors and arrange a way to pay them, or make a formal agreement called a 'debt solution'.
You’ll need to decide what the best solution is for your situation. It’ll depend on things like:
the type of debts you have
the total amount of debt you have
how much money you can pay towards your debts
If you have some money to pay your debts, you could arrange to pay off your debts over a few years. You might be able to get a debt management plan, an administration order or an individual voluntary arrangement (IVA).
If you don’t have any money to pay your debts there are still options that could help you. If you owe less than £30,000, you might be able to apply for a Debt Relief Order (DRO). If you owe more than £30,000 applying for bankruptcy might be an option.
Different debt solutions can affect your life in different ways. For example, they might affect your credit rating, mortgage or savings, or restrict the work you can do. Make sure you understand how you'll be affected before you apply for a debt solution.
If you need more help understanding the different options and their risks, contact your nearest Citizens Advice.
Talk to your creditors
Before you explore any debt solutions it's important to talk to your creditors. You might be able to come to an agreement with them to pay off your debts, or get more time to work out your situation. Find out about making a plan to pay your creditors.
If you've already agreed to make payments to your creditors you should still check if other debt solutions could help you - there might be a better way forward.
If you don’t feel able to talk to your creditors directly, or they won’t agree to your offers, check if you can use another solution.
Get breathing space if you need more time to decide what to do
If you're not ready to use a debt solution or you can't afford to right now, the government-backed Breathing Space scheme could give you extra time.
If you’re eligible, you could get 60 days of breathing space where your creditors can’t:
contact you
take action to make you pay
add interest and charges to your debt
It covers most debts, including credit and store cards, loans, overdrafts and arrears on household bills. You'll need to get advice from a debt adviser first - they’ll check all your debts to see if they’re covered.
To see if breathing space is right for you, talk to an adviser.
If you’re getting mental health crisis treatment
You might be able to get breathing space from your creditors for the whole time you're getting crisis treatment, plus 30 days after. Crisis treatment includes things like getting emergency or acute mental health care in hospital or the community.
Speak to your mental healthcare provider about ‘Mental Health Crisis Breathing Space’.
Check how much money you can pay towards your debts
Before you explore any debt solutions, you’ll need to:
check which of your debts to pay first - these are called priority debts
check if you can increase your income to give you more money to pay your debts
If you have money to pay your debts
Try to make an agreement with your priority creditors before you explore any debt solutions.
If you can’t make an agreement with them you should still pay them what you can afford, but this might not stop them taking action against you. Check which debts to pay first.
If you have money left after paying your priority debts, you might be able to:
set up a debt management plan (DMP) - this means you’ll pay off your debts through an independent company
apply for an administration order - this means you’ll pay off your debts through the court
set up an individual voluntary arrangement (IVA) - this means you’ll pay off your debts through a specialist called an insolvency practitioner
Even if you have money to pay your debts, going bankrupt might be an option for you. To check if bankruptcy is right for you, contact your nearest Citizens Advice.
Check if you can get a debt management plan (DMP)
If you get a debt management plan you agree to pay off your debts with one monthly payment to a DMP provider. The DMP provider is an independent company. They’ll deal with your creditors for you and make your payments.
How long your DMP lasts will depend on how much debt you have and how much you can pay off each month.
Anyone can get a DMP - it doesn’t matter how much debt you have. You might be able to get a DMP if:
you can pay your priority debts but you’re struggling to pay other debts like credit cards and loans
you can pay at least £5 a month towards each of your debts
You can change your DMP at any time, for example if your income increases and you can afford to pay more.
You can cancel your DMP at any time if you decide it’s not the right debt solution for you or you’re struggling to pay. If you haven’t finished paying off your debts you’ll need to contact your creditors to arrange another way to pay.
Check if a DMP is right for you
If you’re thinking about getting a DMP it’s important to know:
it doesn’t usually include priority debts so might not help you if you’re struggling with your rent or council tax, for example
it can take a long time to pay off your debts if you’re only making small payments
your creditors don’t have to agree to the plan and they can stop accepting it or ask for more money at any time - it isn’t a legal agreement
your creditors can still contact you about the debts you owe
it could make it harder for you to borrow money in the future - check how a DMP might affect your credit rating
Getting a DMP
Don’t pay for a DMP - you can get one for free. If you pay for your DMP the DMP provider will take part of your monthly payment to cover their fees. This means less money will go to your creditors and it’ll take you longer to pay off your debts.
Find out how to choose a debt management provider.
You should only use a DMP provider who is regulated by the Financial Conduct Authority. You can check if a DMP provider is regulated on the FCA website.
Find out more about getting a debt management plan if you think it’s right for you.
Check if you can get an administration order
If you have an unpaid county court or high court judgment, you might be able to get an administration order to help you pay off your debts. This means you agree to pay off your debts with one monthly payment to the court.
The court decides how much you have to pay. Your creditors can object to what the court suggests but the court has the final decision. The court will pass the money on to your creditors and deal with them for you.
Your creditors can’t contact you about the debts included in the order while it’s in place or take any action against you to get their money back. They also can’t add interest to the amount you owe them.
You might be able to get an administration order if you:
have more than one debt
owe less than £5,000
have an unpaid county court or high court judgment
Check if an administration order is right for you
An administration order might not be the best debt solution for you. It’s important to know:
it could take you a long time to pay off your debts - the court might limit it to 3 years but this will depend on your situation
you don’t have to pay a fee but the court will take 10% of your monthly payment to cover court costs - check the cost of an administration order
it might make it harder for you to borrow money in the future - check how an administration order affects your credit rating
If you have rent or mortgage arrears, you could still be evicted from your property even if you include them in the order. Check what to do if you have mortgage or rent arrears and are thinking about an administration order.
Getting an administration order
You’ll need to fill in an application form and list all your debts. Then you’ll need to take it to the court and sign it in front of a court officer.
Check how to get an application form and how to fill it in.
Contact your nearest Citizens Advice if you need help filling in the form.
Check if you can get an individual voluntary arrangement (IVA)
If you get an IVA you agree to pay off your debts with one monthly payment, usually over 5 years.
Your IVA will be organised by a specialist, called an insolvency practitioner. This will usually be a solicitor or an accountant and they’ll deal with your creditors for you.
You’ll have to pay the insolvency practitioner for their services. The fees will be added to your repayments. The fees for an IVA can vary and are usually much higher than for other debt solutions. If you get an IVA you should make sure you understand how much you’ll have to pay the insolvency practitioner and when.
Not all your creditors need to agree to an IVA for you to get one. You'll need the agreement of creditors who cover at least 75% of the total amount you owe. Read more about how creditors agree to an IVA proposal.
Your creditors can't contact you about the debts included in the IVA while it's in place or take any action against you to get their money back.
An IVA might be a suitable option if you:
have more than one debt and 2 or more different creditors
owe more than £10,000
have a regular, steady income
can pay at least £100 a month towards your debts
You should get advice from your nearest Citizens Advice before you try to get an IVA.
Check if an IVA is right for you
An IVA might not be the best debt solution for you. It’s important to know:
it can cost around £5,000, and the extra costs are added to your monthly repayments - find out about the cost of an IVA
you might have to remortgage your house near the end - check how an IVA could affect your home
if you can’t keep up your IVA payments there’s a risk you could be made bankrupt - check what to do if you have problems with an IVA
you might have to use your savings and pension money to help pay your debts - check how an IVA could affect your bank account, savings and pension
IVAs cover most debts but won’t include debts like child maintenance arrears or student loans - check which debts an IVA can cover
it might be harder for you to borrow money while you have an IVA - check how an IVA affects your credit rating
Getting an IVA
Getting an IVA can have a big impact on your life. It's important you get advice before you get an IVA. Contact your nearest Citizens Advice - they can help you compare your options and decide if an IVA is right for you.
If after getting advice you think an IVA is right for you, you’ll need to find a specialist insolvency practitioner. You won’t be able to set up an IVA on your own. You can contact different practitioners to compare costs and find the best deal for you.
It’s worth finding a specialist close to where you live because it's usually best to meet them in person.
If you're sure an IVA is right for you and you've had an advice to help you decide, you can find a specialist insolvency practitioner in your area on GOV.UK
You'll need to prepare for your first meeting. Check what you need before you meet your insolvency practitioner.
If you have little or no money to pay your debts
If you don’t have any money left after paying your priority debts and living costs, or you only have a small amount, check if you can increase your income. You should also check if you can reduce your living costs.
If you still don’t have enough money to pay your debts you might be able to:
get a Debt Relief Order
apply for bankruptcy
Check if you can get a Debt Relief Order (DRO)
If you get a DRO, you won’t pay anything towards the debts in the order for 12 months. At the end of the 12 months you'll no longer owe those debts. While the DRO is in place your creditors can’t ask you to pay any debts included in it or start any action against you.
You might be able to get a debt relief order if:
you owe £30,000 or less
you have £75 or less left over each month after paying your living costs
you don’t own your home
you have £2,000 or less in savings and other assets
you haven’t been given another a DRO in the last 6 years
you’ve lived or worked in England or Wales for the last 3 years
If you have a vehicle worth less than £2,000, you don’t have to include it in your assets. If your vehicle is worth more than £2,000, you don't have to include it in your assets if it's been adapted because you have a disability. You can only exclude 1 vehicle from your assets and you can't exclude it if you only use it for work.
You might find it harder to get a DRO if in the last 2 years you’ve made payments to one creditor but ignored others, given away valuable things you own, or sold things you own for less than they were worth.
If it’s found that you made your situation worse, or acted dishonestly, you might be given a debt relief restrictions order (DRRO). A DRRO will extend your debt relief order so the restrictions last longer than 12 months. Read more about debt relief restrictions orders.
Check if a DRO is right for you
If you’re thinking about getting a DRO it’s important to know:
if you don’t meet the criteria or give extra information when you’re asked for it, your application could be turned down - check what to do if your DRO application is refused
it costs £90 to apply - you can pay this in installments but you won’t get it back if your application is refused
it won’t cover all debts - you'll still have to pay back child maintenance arrears, court fines, student loans, social fund loans, personal injury compensation and any debts caused by fraud
if you have rent arrears in a DRO your landlord can’t force you to pay what you owe, but they can still try to evict you
it might make it harder to borrow money in the future - check how a DRO will affect your credit rating
you’ll have to tell the creditor about your DRO if you want to borrow more than £500 during the 12 months
you won’t be able to set up your own company or be a director of another company, even under a different name, without the court’s permission
If you get a DRO but your situation improves during the 12 months - for example if your income goes up or you get a payment for backdated benefits, the DRO can be stopped. You won’t get your £90 application fee back. Check what to do if your circumstances change.
Getting a DRO
You’ll need to apply through an authorised debt adviser, called an 'approved intermediary'. You won’t be able to apply for a DRO on your own. They should help you gather the information you need to apply for a DRO. They also have to:
check you meet the rules to get a DRO
explain how a DRO might affect you
explain your responsibilities when you have a DRO
apply on your behalf
Check how to find an authorised debt adviser and get a DRO.
Check if you can apply for bankruptcy
You might be able to apply for bankruptcy if you can't pay your debts and the amount you owe is more than the value of the things you own.
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Adolygwyd y dudalen ar 22 Chwefror 2019