Negotiated Agreement
Simply communicating to your creditors can be positive step towards solving problem debts
This is a way to reduce your debt repayments by explaining to your creditors you’re having difficulties – but want to repay your debt as best you can.
Negotiated Agreements may involve either or both of:
- Ongoing payments from income.
- One-off payments from a lump sum.
Ongoing payments from income
Your offer of repayments should be your disposable income shared between your creditors pro-rata based on how much is owed to each. This means that all your creditors are treated equally.
Creditors are likely be open to negotiated reduced payments once you have proven hardship.
This is better for them than you if you were eventually forced into a statutory debt solution such as IVA or Bankruptcy in which case they would get back less than is owed.
Your disposable income is defined as how much you can afford to pay your unsecured creditors once you’ve met your living expenses and essential financial commitments.
Also, ask your creditors to freeze any interest or charges. Your creditors will expect you to give them regular updates of your income and expenditure so that they can see whether you can increase your payments.
Negotiated Agreements may involve either or both of:
- Ongoing payments from income.
- One-off payments from a lump sum.
Ongoing payments from income
Your offer of repayments should be your disposable income shared between your creditors pro-rata based on how much is owed to each. This means that all your creditors are treated equally.
One-off payments from a lump sum
You can offer to make a full and final settlement if you have a lump sum available – but not the disposable income to make continuing payments.
A full and final settlement is where a borrower makes an offer of a one-off partial payment to a creditor in exchange for the full settlement of a debt.
However, if you do have some disposable income, creditors may expect you to make at least some payments from that as well.
Token payments
If you can’t make payments temporarily, for example because of a short term illness, creditors may agree to accept no payments or token payments of say £1 a month, but only for a limited period. Token payments are suitable if you expect your situation to improve within the next 12 months.
Calculating pro-rata offers
A pro-rata offer means you make payments equally to all your creditors based on your disposable income.
For example if you have total debts of £17,500 and a disposable income of £200 a month.
You have two debts:
Credit card X
Multiply the amount you owe credit card X by your disposable income, then divide by your total debt. The result is the prorata amount you should offer credit card X.
£5,000 x £200 = £2,500,000
£2,500,000 / £17,500 = £142.86.
So your pro-rata offers would be:
Credit card company X = £142.86
Credit card Y
Multiply the amount you owe credit card X by your disposable income, then divide by your total debt. The result is the prorata amount you should offer credit card X.
£12,500 x £200 = £1,000,000
£1,000,000 / £17,500 = £57.14
Credit card company Y = £57.14
Negotiated Agreement Advantages
Creditors may refuse to agree with what you propose, but it’s always worth asking them to reconsider, although they can’t refuse any payments you make to them.
Creditors may refuse your proposal unless your circumstances have been independently reviewed by an advice agency or insolvency practitioner.
Creditors may refuse to freeze interest or charges, but it’s worth asking them to reconsider.
*Creating a charge on you home means turning an unsecured debt to once secured on your property.
Negotiated Agreement Considerations
This will affect your credit ratings should your creditors inform the credit reference agencies.
The less you are paying; then the less likely creditor will accept the situation in the longer term.
Token payments are only likely to be accepted for 3-6 months.
You remain liable to pay the full amount of your debts; unless you have negotiated a full and final settlement.
We do not currently offer negotiated agreements of this type. However we can assess your situation and explain your options.
We Can Help You Today
For more information about how our services can help you please get in touch. We can:
- Speak to your creditor(s) and their collection agents.
- Fully inform you of your rights.
- If necessary, take steps to prevent legal action.
- Offer a full review of your situation and explain formal solutions to get you out of debt.