Sharp rise in personal insolvencies

Largest jump in over four years.

Government figures show that between April and June this year, 27,029 in England and Wales became insolvent. That's a 5.1% increase on the same period last year.

With a rise in interest rates expected by the end of the 2014, there is worry among experts that a “personal insolvency storm” might be brewing.

What is personal insolvency?

Personal insolvency is when an individual declares that they are unable to repay their debts in a reasonable amount of time because the debts they have are greater than the value of the property or goods that they own. 

How it happened

Experts have pointed to rising food and energy costs as contributing factors to this rise in personal insolvency, as once the essentials are covered people have even less money at their disposal to clear their debts.

The Insolvency Service also highlighted a a 20% increase in the number of Individual Voluntary Arrangements (IVAs). These have become easier to access in recent months, with people using them to pay off smaller debts.

The number of people taking them out in the last quarter rose to 14,571, the highest number since records began.

On the flip side, the same Government stats show that personal insolvency is at its lowest in Scotland since 2005, arguably due to different insolvency laws.

Recovery options

If you are struggling, there are a number of financial arrangements which can help you to recover from your situation.

Bankruptcy 

This process is where your assets (such as property, jewellery and shares) are sold off in order to pay your debts. You can petition for bankruptcy yourself, while a creditor can also issue a petition against you if you owe them £750 or more. Thankfully, the latter is quite rare as it is expensive for the creditor and there’s no guarantee they’ll get their money back.

If you are declared bankrupt, a trustee will be assigned to you. Most of your assets (except items essential to working and living) are managed by the trustee. Your ability to trade and take credit is also restricted during this time.

The bankruptcy itself lasts one year, after which time all of your restrictions will be lifted. However, any assets that you had during your bankruptcy can still be used to pay off debt.

Individual Voluntary Arrangement (IVA)

An IVA is an agreement between you and your creditors which either makes a compromise or sorts out a plan to settle your debts. To keep yourself safe you can also request court orders to prevent creditors from taking recovery action until they have voted on your IVA proposal.

An IVA only comes in to effect if more than 75% of the your creditors vote in favour of it. If successful, it binds every creditor, even if they voted against the proposal.

Debt Relief Order (DRO) 

This prevents creditors from enforcing their debts against you for a year, after which time the remaining debts are written off. This option is more suitable for people who have a small disposable income, few assets and a relatively low level of debt.

Administration Order 

Applied for through County Court, you make scheduled repayments and creditors don’t enforce debt payments for five years. Like a DRO, any remaining debt is struck off after this period.

Enforcement Restriction Order (ERO)

This suspends the ability of creditors to take action against you.

Debt Repayment Plan (DRP)

A DRP is a debt repayment scheme where you only pay a proportion of the amount that you owe.

Have a look at insolvency options in Scotland and Northern Ireland.

Get some advice

If you are struggling with debt, it's absolutely vital that you get some professional advice. And you don't even have to pay for it as organisations like the StepChange Debt Charity don't charge for their advice. Read Where to get free debt advice for more.

Has this ever affected you or anyone you know? Tell us about it in the comments section below.

More on debt:

Logbook loans: the loan that could cost you your car

Children paying the price of our debts

Millions relying on credit to survive

Comments


Be the first to comment

Do you want to comment on this article? You need to be signed in for this feature

Copyright © lovemoney.com All rights reserved.

 

loveMONEY.com Financial Services Limited is authorised and regulated by the Financial Conduct Authority (FCA) with Firm Reference Number (FRN): 479153.

loveMONEY.com is a company registered in England & Wales (Company Number: 7406028) with its registered address at First Floor Ridgeland House, 15 Carfax, Horsham, West Sussex, RH12 1DY, United Kingdom. loveMONEY.com Limited operates under the trading name of loveMONEY.com Financial Services Limited. We operate as a credit broker for consumer credit and do not lend directly. Our company maintains relationships with various affiliates and lenders, which we may promote within our editorial content in emails and on featured partner pages through affiliate links. Please note, that we may receive commission payments from some of the product and service providers featured on our website. In line with Consumer Duty regulations, we assess our partners to ensure they offer fair value, are transparent, and cater to the needs of all customers, including vulnerable groups. We continuously review our practices to ensure compliance with these standards. While we make every effort to ensure the accuracy and currency of our editorial content, users should independently verify information with their chosen product or service provider. This can be done by reviewing the product landing page information and the terms and conditions associated with the product. If you are uncertain whether a product is suitable, we strongly recommend seeking advice from a regulated independent financial advisor before applying for the products.