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Dealing with debt

How debts can get out of control

Any form of credit is a debt, so unless you pay cash for everything then you have debts. It is only when you are unable to keep up with the payments that it becomes a problem.

If you are not coping, it is very important to get help. If you don't deal with your debts, you may end up having your home repossessed and/or going bankrupt. The free, independent and confidential Money Advice and Budgeting Service (MABS) can help.

If you are in this situation, for whatever reason, you may find yourself having some of the following difficulties:

  • Missed payments and letters from creditors.
  • Borrowing money to pay bills and catch up with arrears (more debt).
  • Paying whichever creditor is putting on most pressure.
  • Making promises to pay unreasonable amounts (because of fear or embarrassment)
  • Broken promises and more pressure from creditors
  • Legal action.

MABS can help you to identify your priority debts and deal with your situation.

Money Advice and Budgeting Service (MABS)

MABS is a free and confidential service for people with debt problems and money management problems. A MABS money adviser will:

  • Help you deal with your debts and make out a budget
  • Examine your income to make sure you are not missing out on any of your entitlements
  • Contact your creditors on your behalf with offers of payment if you are not able to do it yourself
  • Help you decide on the best way to make the payments.

MABS and the Irish Banking Federation (IBF) developed the IBF/MABS Operational Protocol: Working Together to Manage Debt (pdf) to help people in debt to agree a sustainable repayment plan with their lender and avoid the need for any legal action. If a repayment plan is agreed, any existing legal action will be suspended as long as you follow the agreed repayment plan.

The credit institutions that have signed up to the protocol have committed to work with MABS money advisers to help customers to address and manage debt problems.

MABS can also help you to agree a sustainable repayment plan with other creditors.

How to deal with debt by yourself

It is important to let your creditors know that you are having difficulties. Then you will be able to work with them to deal with the situation. Otherwise the problems and the pressure from creditors will just get worse.

You can use the MABS self-help guide to help you through the following steps:

Make out a full budget (what it costs to live for a full year)

Your budget should include all living expenses, otherwise you will make offers of payment you won't always be able to afford. For example, winter is more expensive than summer (more heating, more expensive clothing and footwear, Christmas, etc).

You should include the costs of education, health, travel, job searching, clothing and footwear in working out your budget and adjust this to a weekly amount.

You will not spend this amount every week but it will give you a better idea of what you can afford. Many people would be surprised to find out how much the average family would spend on the basics in a year.

Compare this with your income.

Prioritise your expenses

The roof over your head, heat, light and food are your main priorities. After this, you must list your expenses in order of importance. You must be honest with yourself about expenses like cigarettes, alcohol, TV packages, mobile phone costs etc. See what expenditure you can reduce.

Contact your creditors

When you have completed a budget and you are reasonably sure of your expenses, make a list of your creditors and what you owe them. Talk to the creditors and explain your difficulties. Tell them that you have other creditors, that you have a limited amount of money to be divided between them and that you are trying to be fair to all of them.

If your problems are temporary, give them some idea of when they might expect full payments. If you can't be sure of when this will happen, tell them so.

If your problems are long-term, be honest and tell the creditors you may never be in a position to make the original payments. If interest is being added and this means you will never have the debt paid, ask them to suspend interest.

What will happen if you ignore the problem

The problems will get worse if you do nothing. If your creditors have taken legal action, do not ignore the letters. If you get a legal letter about a debt and you don't hear from them again for some time, don't assume they've forgotten about it - it won't go away. It is very important that you make contact with the creditors or the solicitor.

There is a series of court hearings in the debt collection process. The court will give you a chance to tell it what you can afford to pay - if you turn up. Otherwise the judge will just decide on a weekly amount but won't have any idea of what you can afford. If you are to appear in court, make out a financial statement (income, expenses and debts) and leave it into the courthouse for the attention of the judge a couple of days before the hearing. Send a copy to the solicitor for the creditor too.

Types of debt

There are different forms of debt, including mortgages, loans, overdrafts, credit cards and hire purchase agreements. Some debts, for example, mortgages, are 'secured' - this means that goods or property, usually your house, is used as security in case the debt is not paid. Find out more about types of debt and debt terminology in our glossary of debt terms.

Some debts have specific rules and practices in place in relation to how they are managed and collected. These are mainly debts which are owed to the State or a State body. In particular, taxes, social welfare overpayments, local authority rents and housing loans, waste charges, utilities bills, TV licences, dog licences and the Non-Principal Private Residence Charge (NPPR) all have specific rules and procedures. Find out more about the rules for specific debts.

Debt procedures

There are also rules under consumer credit legislation in relation to collecting debts, including rules in relation to privacy, contact points and harassment and intimidation.

If you do not engage with your lender, your lender will most likely initiate legal proceedings to recover the debt. The case can be taken in the District Court, Circuit Court or High Court, depending on the amount of money involved. Once your lender has a Court judgment setting out the debt, this judgment can be enforced in various ways, including, in extreme cases, through bankruptcy proceedings. Being in arrears on debt repayments can also have other consequences, for example, it can affect your credit rating and make it difficult to get credit in the future.

Future plans in relation to debt procedures

The growing problem of personal debt (and especially mortgage arrears) has received wide consideration. Read more about recent developments and proposals in this area.

Where to apply

You can contact your local MABS office for advice and assistance.

You can also ring the MABS Helpline: 0761 07 2000 (9am - 8pm, Monday - Friday) or email: helpline@mabs.ie

Page updated: 3 May 2012

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If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.