by Davis Colon
Before going through the merits of Debt Management as a method for fixing an individual’s personal debt issues, it is worth looking at the way in which creditors view it. If you mull it over, all lenders really want is that their funds be paid back fully and on time as well as any interest charges that may have built up as well as any penalties that may have been incurred. Basically, creditors want borrowers to repay their outstanding debts in line with the terms and conditions of the agreements or contracts under which the monies were lent or advanced to start with. Not a lot to expect, you would think!
Except, needless to say, things every now and then don’t work out. When the borrower for any reason is not able to make the repayments as contracted in the beginning, the lender needs to think about what the next most appropriate result is that might be attained. May the debtor possess property that might be used to satisfy the debts? Could a family member, a personal friend or any third party help the borrower to pay back the funds in whole or in part? Might the payment terms and conditions be altered to enable the borrower to pay off as much as possible of the debt? Could the term of the borrowings be increased in order that the debtor may pay back much of the liabilities during the extended timeframe?
Any time you encounter financial trouble and are not able to pay back your lenders, on the list of cures you’ll probably discover is to enter into a Debt Management Plan. This solution could be called one of the significant three preferences in the UK in terms of the many people who enter into it. The other two significant options which are utilized by those who find out that they are themselves personally insolvent are Individual Voluntary Arrangements and Bankruptcies. A relatively recent but fast growing option is the Debt Relief Order (DRO) which was introduced in 2009. Although no official figures are available it is estimated that there are around one million individuals in the UK at present within debt management plans with their creditors. This dwarfs the numbers going into an IVA or going bankrupt. In 2011, the last 12 months for which statistics have been released, there were almost 42,000 bankruptcy orders, 49,000 IVAs and about 29,000 DROs in England and Wales. The statistics for Northern Ireland are smaller in line with the smaller population there but proportionately the figures and trends are like England and Wales though DROs were only just offered in those jurisdictions in the course of 2011.
In Scotland the law is just a bit different though there are very similar alternatives at your disposal. In place of bankruptcies you have Sequestrations of which there were 6,300 in 2011. There were, also in Scotland, over 8,500 Protected Trust Deeds the solution comparable to IVAs. The equivalent DRO type alternative in Scotland is called a LILA Sequestration, the letters LILA meaning Low Income and Low Assets and there were above 4,800 of these.
It is worth it then to check out the Debt Management Plan in the context of its apparent wide-ranging popularity. A Debt Management Plan can be a self managed one where the person in debt themselves arrives at a deal with their creditors to pay back debts on a pro rata basis i.e. the sum the debtor repays to any particular individual lender is in the same ratio as the money owed to that lender is to the total money owed to all creditors. By way of example, if you owe 2,000 to the first of your lenders and you owe 20,000 altogether to all your lenders, then on a pro rata basis 10% of what you can afford to pay each month will go to that first lender.
Most Debt Management Plans however are not self administered but are managed by professional Debt Management companies that, on behalf of the borrower, negotiate with creditors and administer the debt management plans. The debtor forwards the funds, i.e. his or her disposable earnings, each month to the Debt Management Company. It in turn allocates it to the creditors, having retained its agreed upon fee. Such Debt Management Plan firms in the UK have hundreds and sometimes thousands of customers on their books.
Debt Management Plan providers pick up bad media attention, every so often. Maybe one of the reasons is that the activity is rather under regulated because it doesn’t fall under the aegis of the Insolvency Act. As a result, certain service providers have been accused of making incorrect and unreliable promises in their promotion, of offering inadequate advice to debtors and also of overcharging their clients with the result that the OFT has recently ordered several of such firms to take immediate steps amend their processes and in some instances have stopped some firms from participating in the debt management business altogether.
The major point of interest for the general public in Debt Management Plans appears to be it’s a not so formal deal with lenders so that the names of borrowers in Debt Management Plans do not show up on the Insolvency Register. Theoretically the credit rating of a person in debt who goes into a Debt Management Plan ought not to be negatively impacted but in practice, it likely was already damaged before the Debt Management Plan commenced. The real effect of Debt Management Plans is that the term of repayments of debts is usually greatly lengthened and even though almost all lenders quit charging interest and penalties for a while at least, it could take quite a long time, ten years in some cases, before the obligations are paid back. Another major attraction of a Debt Management Plan is that you won’t need to be insolvent to go into a Debt Management Plan. To enter an Individual Voluntary Arrangement or petition for bankruptcy, you’ve got to be insolvent.
Lenders, in general, like Debt Management Plans since there are clear plans to pay back liabilities entirely and thus they don’t have to make provisions on their balance sheets for ‘bad debts’. Borrowers are advised to be careful when choosing a Debt Management Plan company to operate on their behalf and to select one of the numerous respected Debt Management Plan companies available, whose standards of advertising are professional, whose guidance is thorough, clear and of a high quality and whose charges are acceptable, competitive and spelled out fully and fairly. Due to these reasons, the market demand for Debt Management Plans will most likely continue to be buoyant.
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