12. Terms used when dealing with debt

There are several words and phrases that you may come across, from credit providers, the courts or bailiffs, for example, when you are in debt.


Administration order

When you make a single payment (or series of payments) to the court, which then distributes the money to the people you owe money to.


Arrears 

When you are behind with payments (for rent or a loan, for example).


Attachment of earnings

When you can have money taken out of your wages or benefits to pay off your debts.


Committal

Being sent to prison.


Suspended committal order
If you are given a suspended committal order by the court because you have not paid your debts, it means that you won’t go to prison as long as you make payments of a certain amount that have been worked out by the court.


County Court Judgment (CCJ)

When the county court decides that a credit debt must be repaid, the creditor can use methods including bailiffs, a charging order and attachment of earnings (see above and below) to get you to do so.


Charging order
Where the county court adds a credit debt onto your home (if you are a home owner or if you have a mortgage).


Conditional sale agreement
A way of borrowing money to buy things, similar to hire purchase. See ‘Hire purchase (HP) problems’ for more information.


Creditor
Someone you owe money to.


Default notice

A formal warning that you have missed payments on a credit debt, and that court action may be started against you.


Harassment

Where a creditor causes someone who owes them money ‘alarm, distress or humiliation’. They can be prosecuted for this, and lose their licence to carry on their business.


Individual Voluntary Arrangement (IVA)

A legally-binding way of making an arrangement with creditors to pay them back at an agreed rate, in return for them not taking court action against you.


Possession

The court order that allows a landlord or mortgage lender to take steps to evict you from your home.


Regulated agreement

A consumer credit agreement that is protected by the Consumer Credit Act 1974. It means that you are entitled to a properly-written credit agreement, a ‘default notice’ if you fall behind with payments before the creditor can take action against you, and the right to apply for a time order (see below).


Return order

When a county court forces you to return goods taken out under hire purchase to the creditor.


Time order

Something you can ask the court for to stop interest adding up on the money you owe, and to reduce the instalments you have to pay.


Warrant of execution

What a creditor does when they want to get bailiffs to get back the money you owe them.


Chapters

Home | About Us | Our Services | Our People | Firm News | Library | Contact Us
Bobbetts Mackan Solicitors & Advocates
Ground Floor, Griffin House, 15-16 Lower Park Row, Bristol BS1 5BN
T 0117 929 9001 F 0117 3164900
VAT Registered No. 137 8318 52
24hr Criminal defence helpline Tel 0117 9298987
E info@bobbetts.com

Authorised and regulated by the Solicitors Regulation Authority (SRA). SRA number 70535.

Copyright © Bobbetts Mackan. All rights reserved
Terms and conditions
[smaller] Change text size [larger]