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BizHelp24 Edition
No. 41
April 2001

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April 2001 - Small Business News

 

1. NEW SMALL BUSINESS SERVICE LAUNCHED

Instant On-Line Invoice Insurance

It’s not often that a new product is launched in the cash flow industry, however, we have one now and it is sure to be a great success with all small and medium size businesses.

Coverclick.com provide Instant Invoice Insurance that covers the supplier (you) for non-payment of a SINGLE invoice. The service is unique as it breaks away from the traditional credit insurance product: which requires cover on most of a 
businesses customers as standard.



2. ASK THE EXPERT QUESTION & ANSWER

QUESTION 1

Will Past Debts Affect My Mortgage Application

I have recently gone through a bad period financially after splitting with my partner last year (we had a mortgage together). I had a lot of bad debts which he left me with but thankfully I have managed to clear most of them without them having to take any drastic action. I only have 2 credit cards now and I am only UKP150 in arrears on 1 and none on the other. I now have tons of spare cash and am looking to buy a house (on my own!). Whats my chances of getting a mortgage? I dont have any CCJ's but because of the arrears on my credit card (which will be gone in 2 weeks) I am worried that I have no chance. No other web site seems to be able to answer my question. I am also worried that if I try to apply for a mortgage and get refused it will be another mark against my credit rating.

REPLY 1

Valid concerns, but a lot more common than you may think. There are three types of lenders: 

A) High Street - Best Rates. Main banks & building societies. 

B) Off High Street - for instance + 0.5% on standard rates. Lesser well known banks & building societies.

C) Sub prime - for instance + 1.5% on standard rates. Specialized finance companies. 

A common route for those with past credit problems is to get a mortgage with group 'C' and then switch to an 'A' or 'B' lender after a couple of years, once you have proven your credibility.

Going to the right broker is important as not many will themselves provide group 'C' lenders, and you do not want too many negative searches as you say.

 

Once completed we can usually get the right broker interested first time. From what you have said you may be able to get a group 'B' mortgage, and that would be looked at first.

Basically, all lenders are re thinking the way they do business with those who have experienced debt problems and good deals are probably 12 months away: but will come as this area is huge, too huge to miss out when the vast majority are unlikely to go back to troubled times.


QUESTION 2

Will Paying a Court Order Leave My Credit Record Clean? 

I have a County Court Judgement against my name, but it is going to be reversed as I paid the whole amount within 30 days of receiving it. Will the fact that I have been that far down the bad debt route affect my credit record detrimentally?

REPLY 2

It does depend on what action was taken by the creditor: 

a) if they issued you with a formal 'Default Notice' it will be registered for 6 years in your credit file... 

b) some creditors pass monthly payment records to the credit reference companies: like, say Barclaycard... 

…the record goes like this '0 - 1 - 2 - 0 - 0' which means that you paid the first instalment, fell a month behind with the second payment, then fell two months behind, the following month you paid the two arrears payments and that months 
payment, finally you paid the following month on time. 

c) the court claim is unlikely to be recorded anywhere. Requesting your credit file is the best way to deal with this.


QUESTION 3 ;

Do I have to Sell My House to Pay My Debts?

I have just been informed that I am being taken to court by a creditor to obtain a Charging Order against my property. Until a search on the Internet I had no idea what a Charging Order was and how it could be enforced. The monies outstanding are on an Unsecured Loan. I have wrote to my Creditor 3 times in the past offering monthly terms but I received no response. I would still like to be able to come to some form of monthly agreement. What I would like to know is, if this Charging Order is granted will the Creditor be able to force me to sell my home rather than accept monthly payment? Is the Charging Order able to be stopped because they have failed to respond to my letters? and, in the meantime, should i try to contact my Creditor again to repeat an offer of monthly payment ?

REPLY 3

A 'charging order nisi' is the preliminary stage for securing a debt on the sale proceeds of your house. This does not mean that your house is to be sold to pay off the debt, but that when the house IS sold the creditor (the judgment holder) gets paid if there is sufficient amounts left after other charges are paid: i.e. mortgage company, and possibly your bank. At this stage you cannot sell the property or secure further finance through a charge on your property.

The second stage begins with notification to yourself, and any other co-owner, of the nisi and of the court and date for the creditor to apply to make the charging order absolute. This is the time to make your official representations. However, trying to resolve the matter in the interim is advisable.

Send a registered letter to the creditor with your best offer of repayment. Inform them that you have sent three previous letters, all unanswered, and that you intend to inform the court of this: as such they have incurred these costs through their intransigence and not through a lack of interest on your part.

As to the court forcing a sale: the debt would have to be significant, and your ability to repay the debt in a reasonable time-period would have to be unrealistic. Having co-owners will normally block a sale when its the family home and given that the creditor has not answered your letters, the judge may throw out the case altogether. The creditor has to make a separate application for a forced sale. With a successful charge you can still use your house for security with charges being ranked by date of charge.


QUESTION 4

How Can I Stop Being Made Bankrupt?

I have an Individual Voluntary Arrangement (I.V.A. is A formal payment arrangement with your creditors Where you offer, say, 20% of the total amount of debt To the creditors) and I have missed some payments. I am paying the instalments again but I think I will be made bankrupt. I have been paying for 3 years and missed the odd payment before.

REPLY 4

Those with IVA's tend to hiccup now and again, without causing bankruptcy: after all the idea is to get a better pay out from the IVA than from bankruptcy.

You should call, and back up by recorded post, the IVA supervisor and explain the reasons for the lapses: i.e. home repairs, and not a weekend in Paris :))

That said, there are situations where bankruptcy would be best for all concerned: for instance, where a debtor was trying to keep the family home, the kids in private school and the two cars, all on top of continuing payments to past creditors through an IVA that makes cash flow scarce.

In 'general' a few missed payments is not critical, but do keep the supervisor up to date at all times.


3. US Bankruptcy Reform Bill Approved

The House of Representatives on 1 March 2001 voted in favor of changing the legislation covering the degree of write-off allowed to debtors in formal bankruptcy. The bill, Bankruptcy Abuse Prevention and Consumer Protection Act of 2001, 
was originally vetoed by ex-President Clinton and it will now cause all debtors to spend longer periods discharging their debts and will also mean a major reduction in the amount of assets allowed to debtors on bankruptcy.

Where the US goes, the UK follows!

 
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BizHelp24 – UK business and finance information, news, help and services for small businesses BizHelp24 is a UK business and finance resource providing Small Business Help, Start up Information, news and services; for individuals and Sole Traders. Comprehensively covering a wide range of key business, finance, and service topics. Employment and personal information includes Work Times and Break Entitlement, Body Language, employee Holiday Entitlement and Employment Contracts. Credit Policy information includes Letter of Credit, useful Credit Notes, Business Loans. and Cash Flow Control. Other information areas include Bankruptcy, Homeworking, Business Failure, Company House and Company Names,

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