Life in Debt the Profile of CAB Debt Clients in 2008

Total Page:16

File Type:pdf, Size:1020Kb

Life in Debt the Profile of CAB Debt Clients in 2008 CAB briefing February 2009 A life in debt The profile of CAB debt clients in 2008 Key findings: In July 2008, 52 Citizens Advice Bureaux in England and Wales surveyed 1,407 new debt clients. We found that: I On average CAB debt clients owed £16,971 in 2008, two thirds higher than in 2001 . I More than half of the clients in 2008 had four or more priority debts, such as mortgage or rent arrears, fuel bills or council tax arrears. I One client in ten had ten credit debts or more. I Forty five per cent of the homeowners had mortgage or secured loans arrears in 2008, up from 30 per cent in 2004. I Thirty per cent of the homeowners spent half or more of their monthly income on housing costs. I Two thirds of the homeowners with mortgage or secured loans arrears were in priority need for rehousing. I Forty three per cent of the CAB debt clients in 2008 were in fuel poverty because they spent more than 10 per cent of their income on fuel. I Half of CAB debt clients were in water poverty because they spent more than three per cent of their income on water. I More than half of the clients (58 per cent) had no spare money to pay their credit debts. Inside K CAB debt clients’ profile Page 4 K Who advised the clients Page 4 K Income Page 4 K Expenditure Page 5 K Assets Page 6 K About the debts Page 8 K Reasons for debt Page 12 K Offers of payment to non-priority creditors Page 17 K How long would it take clients to repay their debts in full Page 18 K Eligibility for debt remedies Page 18 A life in debt I Clients who had spare money to pay their debts would take on average 93 years to repay them in full. I Nearly a third of CAB clients could be eligible for the debt relief order (DRO), a new alternative to bankruptcy which comes into force in April 2009. 2 A life in debt Introduction It has been four years since we last undertook a survey of CAB debt clients. The statistics Citizens Advice Bureaux have seen a dramatic from the 2004 survey proved extremely 100 per cent increase in the number of debt valuable by giving us a clear snapshot of CAB enquiries they have dealt with over the last debt clients. We wanted to see whether this 10 years. Debt is now the number one advice profile of CAB debt clients had changed in issue in bureaux, accounting for one in three 2008 in different economic conditions . of all enquiries . CAB advisers around the country are dealing with over 6,923 new debt problems every working day. Here are a few Methodology examples: This report sets out the characteristics of Citizens Advice Bureau debt clients in 2008. A lone parent with three children sought A 20 per cent random sample of bureaux in advice from a CAB in West Yorkshire. England and Wales completed a short survey She was suffering from serious form for all new debt clients seen in July 2008 depression and had attempted suicide for whom a financial statement was several times following domestic violence completed. In all, we have data from 1,407 and a relationship breakdown. She had a clients seen by 52 bureaux across England and number of debts, including a £706 fuel Wales. bill which was being collected at £10 per week via her pre-payment meter. The The questionnaire was divided into two parts. client could not afford her basic living The first one contained questions about the expenses and was falling into debt with client ’s personal circumstances. We also asked other priority bills. At the time of seeking clients to give us up to three reasons why they advice, she relied on her local church were in debt. The second part of the survey delivering food parcels and could not contained questions about the client ’s income, afford to meet her health costs. expenditure and debts. The information collected was taken directly from the client’s A Greater Manchester CAB helped a financial statement – a key document which woman who was unable to work sets out the client’s income from all sources, following an accident and was now essential expenditure, debts and repayment living on benefits. She needed advice offers and is used as a basis for negotiation about her debts. The client told the CAB with creditors. that she could not afford to put the heating on this winter and was terrified This report compares the results of the 2008 of getting further into debt. She had survey with two previous surveys of CAB debt borrowed a ski suit from a friend to clients in 2001 1 and 2004 2. We start by wear to keep her warm in her house. analysing the clients’ income and expenditure before looking closer at clients’ debt A man sought advice from a CAB in situations . We have used evidence from North East Wales about £60,000 of bureaux to illustrate various points throughout credit debts and mortgage arrears. His the survey. home was being repossessed. He had decided that the best way forward to clear his debts was to go bankrupt but could not afford the court fees to petition for bankruptcy (£495). 3 1 In too deep – CAB clients’ experience of debt , Citizens Advice, 2003. 2 Deeper in debt – the profile of CAB debt clients , Citizens Advice, 2006. A life in debt CAB debt clients’ profile The FIF debt advice project aims to increase the provision of free face-to-face debt advice More than 20 per cent of CAB debt clients to specific socio-economic groups and are lone parents. They represent 45 per cent geographic areas of high financial exclusion. of respondents with children; in comparison Nevertheless FIF advice is potentially open to 24 per cent of UK families were lone parent every individual, regardless of their income . families .3 In contrast, to be eligible for civil legal aid the client’s capital and income must be within 7 Twelve per cent of respondents were from certain limits . ethnic minority backgrounds, compared to 7.9 per cent of the UK population .4 As we shall see later in the report, the type of funding of the adviser could be significant in Twenty seven per cent of the respondents explaining some of the changes in the profile reported that they had a person with a of CAB debt clients in the last four years. disability or long term illness living in their households. This is a higher proportion than in the general population. The 2001 census Income found that 18 per cent of the population say At the time of seeking advice, the current they have a long term illness, health problem average net monthly income of the debt or disability which limits their daily activities or clients in the survey was £1 ,021 per month – the work they could do .5 less than two thirds of the average monthly household income in the UK at that time More than two thirds of respondents were (£1, 772 net per month ). 8 renting their homes, compared with less than a third of the UK population .6 Even taking into account inflation over the last few years, the average income in 2008 is For more information about the profile of CAB higher than in 2004 and the proportion of debt clients, please see Annex 1. respondents with income over £1,000 is higher. Twenty five per cent of the clients in Who advised the clients the 2008 survey had a monthly household income above £1,500, whereas only seven per Since we carried out research on CAB debt cent of 2001 CAB debt clients had an income clients in 2004, there has been a major new above £1,600 per month . source of funding for debt advice – the Government’s Financial Inclusion Fund (FIF ). There was a marked difference between the Nearly half of the debt clients (46 per cent) in average income of clients advised by LSC- the 2008 survey were advised by FIF-funded funded advisers and FIF advisers. The average advisers . Just under a third (29 per cent) were monthly household income of the clients advised by debt advisers funded by the Legal advised by LSC-funded advisers was £756, Services Commission (LSC). A further quarter compared to £1,102 for a FIF client and saw generalist or money advisers funded by £1,308 for clients of other money advisers. some other funding stream . 3 Office for National Statistics (ONS) (data is from the 2001 Census) statistics.gov.uk 4 ibid. 4 5 ibid. 6 ibid. 7 To be eligible for civil legal aid, someone must be entitled to certain means-tested benefits or have a gross income of less than £2,530 a month and have less than £8,000 capital. 8 Family Spending Survey 2006/07 , ONS, 2008, statistics.gov.uk A life in debt Type of income expenditure in order to find out if he/she is able to repay his/her non-priority debts . Figure 1: Types of income Housing costs – rent % 50% 6 It is not possible to be accurate about 4 s t expenditure on rent as the figures given on n e 40% the financial statements may be net of i % l c 0 housing benefit. However, if those who paid 3 f o 30% rent and did not have a benefit income of any % e 9 g kind are isolated, the average rent paid was 1 a 20% t £350 per month.
Recommended publications
  • Impact Assessment
    Error! Unknown document property name. Title: Changes to Debt relief order criteria IA No: BEIS023(F)-21-INSS Impact Assessment (IA) RPC Reference No: RPC-BEIS-IA-5063(1) Date: 31/03/2021 Lead department or agency: Stage: Final Insolvency Service (Exec agency of BEIS) Source of intervention: Domestic Type of measure: Secondary legislation Contact for enquiries: Faisal Samih: [email protected] Hamish Hore: [email protected] Summary: Intervention and Options RPC Opinion: GREEN Cost of Preferred (or more likely) Option (in 2019 prices) Total Net Present Business Net Present Net cost to business per Social Value Value year Business Impact Target Status Qualifying provision -12.3 -79.0 9.2 What is the problem under consideration? Why is government action or intervention necessary? The eligibility criteria for entering a Debt Relief Order (DRO) have not changed since 2015. As a result, many individuals that would be expected to be eligible for this type of debt relief cannot obtain one, as their debt, assets and/or surplus income are above the current monetary eligibility criteria for DROs. Alternative debt relief options, designed for more complex cases, are a disproportionate solution for people whose affairs are relatively straight forward, and often have few or no assets, nor surplus income to repay creditors. This gap in the market will become more pronounced with the introduction of the new ‘Breathing Space’ in May 2021, which will provide professional help to an estimated 700,000 individuals in its first year1, some of which will flow into increased demand for DROs.
    [Show full text]
  • Guide to Debt Relief Orders
    Guide to debt relief orders 1 Contents 1. About this guide ...................................................................................................... 3 2. What is a debt relief order? ..................................................................................... 3 3. Who is eligible for a debt relief order? ..................................................................... 4 4. How can you apply for a debt relief order? .............................................................. 5 5. Who will deal with your case? ................................................................................. 6 6. What are your duties when considering a debt relief order? ................................... 6 7. How will a debt relief order affect you? ................................................................... 7 8. What are the restrictions of a debt relief order? ...................................................... 9 9. Debt relief restrictions orders and undertakings ...................................................... 9 10. Debts incurred after the granting of a debt relief order .......................................... 9 11. Insolvency terms – what do they mean? ............................................................. 10 12. Where to go for advice ........................................................................................ 12 13. Related Insolvency Service publications ............................................................. 16 14. Data Protection Act 1998 – How we collect and use information
    [Show full text]
  • Debt Options in the New Normal
    The temporary measures put in place by Government and regulators to support household finances through Covid-19 are without precedent in scale or scope. The introduction and subsequent extensions to the Job Retention Scheme, Self-employment Income Support Scheme and payment deferrals on mortgages, credit cards and loans have all helped households to deal with the immediate effects of the outbreak. As these temporary measures come to an end, attention has rightly turned to the future. Many households are likely to be dealing with the financial consequences long after these temporary measures are lifted. Action is needed now, across a range of areas, to ensure a path to recovery for these households. One element of ensuring this path to recovery is providing robust and effective debt options that work within the new context of the pandemic, are accessible to those who need to access them, and which support the financial recovery of households and the UK economy. We recommend that the Government commissions a full review of the debt options available to be people in financial difficulty. Given the urgency created by the impact of the pandemic, this review should be conducted in two phases – 1) a quick-fire review of the short-term temporary changes to debt options that need to be made for Covid- impact customers, followed by 2) reviewing longer-term changes needed to reset and future proof the debt options landscape. This briefing explores some of the possible changes that such a debt options review could consider. Such a review should also take into account the recommendations of Debt Solutions in the UK, published by the then Money Advice Service in January 20181.
    [Show full text]
  • Debt Relief Orders
    By Lorraine Conway 27 August 2021 Debt Relief Orders Summary 1 Background: why were DROs introduced? 2 How to obtain a DRO 3 Pros and cons of a DRO 4 Reviews of DRO eligibility criteria commonslibrary.parliament.uk Number 4982 Debt Relief Orders Image Credits Pound coins / image cropped. Licensed under CC0 Creative Commons – no copyright required Disclaimer The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing ‘Legal help: where to go and how to pay’ for further information about sources of legal advice and help. This information is provided subject to the conditions of the Open Parliament Licence. Feedback Every effort is made to ensure that the information contained in these publicly available briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated to reflect subsequent changes. If you have any comments on our briefings please email [email protected]. Please note that authors are not always able to engage in discussions with members of the public who express opinions about the content of our research, although we will carefully consider and correct any factual errors. You can read our feedback and complaints policy and our editorial policy at commonslibrary.parliament.uk.
    [Show full text]
  • Bankruptcy Law Client Strategies in Europe
    I N S I D E T H E M I N D S Bankruptcy Law Client Strategies in Europe Leading Lawyers on Analyzing the European Bankruptcy Process, Developing Creative Strategies for Clients, and Understanding the Latest Laws and Trends ©2010 Thomson Reuters/Aspatore All rights reserved. Printed in the United States of America. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, except as permitted under Sections 107 or 108 of the U.S. Copyright Act, without prior written permission of the publisher. This book is printed on acid free paper. Material in this book is for educational purposes only. This book is sold with the understanding that neither any of the authors nor the publisher is engaged in rendering legal, accounting, investment, or any other professional service. Neither the publisher nor the authors assume any liability for any errors or omissions or for how this book or its contents are used or interpreted or for any consequences resulting directly or indirectly from the use of this book. For legal advice or any other, please consult your personal lawyer or the appropriate professional. The views expressed by the individuals in this book (or the individuals on the cover) do not necessarily reflect the views shared by the companies they are employed by (or the companies mentioned in this book). The employment status and affiliations of authors with the companies referenced are subject to change. Aspatore books may be purchased for educational, business, or sales promotional use.
    [Show full text]
  • Cutting Our Losses: the Need for Good Debt Collection Practice for People with Debt Relief Orders Contents
    Cutting our losses: the need for good debt collection practice for people with debt relief orders Contents Executive summary 1 Introduction 2 DROs in practice – understanding the customer 5 DRO application process – the need for better and faster information sharing 8 After the DRO is made – the need for better customer support 11 Conclusions and recommendations 20 Executive summary The introduction of debt relief orders (DROs) in 2009 increased the number of people in England and Wales able to afford access to formal relief from unmanageable debts. DROs are much cheaper than bankruptcy and enable people on the lowest incomes and with no assets to get their debts written off if they meet strict criteria. The CAB service plays a crucial role in making DROs accessible to debtors on low incomes – over half the DRO applications last year were made by a CAB adviser. Through this work we have gained a great deal of knowledge about how DROs work and how clients’ experience of a DRO can be profoundly affected by the behaviours of creditors – for better and for worse. This report seeks to persuade all creditors and debt collectors to take a more positive approach to DROs, so that our clients who want to obtain a DRO or who have already been awarded one can obtain a fresh start. Better and swifter information sharing is needed so that our advisers can submit DRO applications as quickly as possible. A survey of CAB advisers involved in helping clients obtain debt relief orders found that 80 per cent had experienced problems getting information from some creditors.
    [Show full text]
  • A Guide to Business Rescue & the Insolvency Process
    A guide to business rescue & the insolvency process Foreword Contents Foreword Sean Cavanagh is a founding This guide will be of interest to accountants, Foreward 1 Partner in CavanaghKelly and solicitors, banks, credit unions and other advisory heads CavanaghKelly’s Business bodies and professionals who wish to be aware of Recovery & Insolvency division. Financial difficulties – The people test 2 Sean is a Licensed Insolvency the options open to their clients who may be in Practitioner and is a regular financial difficulty. Taking decisive action & responsibilities 3 speaker at professional seminars on insolvency issues. Developed by Sean Cavanagh and Michael Drumm Financial difficulties – The options 4 of CavanaghKelly, it is prepared in an informal style and provides a general overview of the practical Sean Cavanagh Company options 5 options available to businesses and individuals. It forms part of a suite of guides developed on Michael is dedicated Partner Trading out / Informal arrangements 5 for the firm’s Advisory offering. this topic. As a Licensed Insolvency Formal arrangements 6 Practitioner, he works alongside Company Voluntary Arrangement (CVA) 6 CavanaghKelly is a leading provider of Sean in leading the Business professional advice to help businesses and Recovery & Insolvency division. Administration 6 individuals in financial difficulty and has over 30 Michael is a respected and Administrative Receivership 8 trusted advisor who uses a years’ experience in delivering solutions to help combination of knowledge, Liquidation 8 businesses overcome these difficulties and make experience and commercial a fresh start. Michael Drumm thinking to advise corporate Personal options 11 clients, individuals and advisors. Whilst every effort has been made to ensure the Trading out / Informal arrangements 11 contents of this guide are factually correct, we Individual Voluntary Arrangement (IVA) 11 strongly recommend that specific advice and Debt Relief Order (DRO) 11 guidance be sought for a more detailed appraisal Bankruptcy 12 of each individual case.
    [Show full text]
  • Guide to Debt Relief Orders
    Guidance Guide to Debt Relief Orders When, Where, How, Who, What June 2011 Contents 1 About this Guide Page 5 6 What are your duties 10 2 in connection with a Debt relief What is a debt relief order? restrictions orders and debt relief order? Page 10 undertakings Page 6 7 Page 15 3 How will a debt relief 11 14 Who is eligible for a order affect you? Debts incurred after Related Insolvency debt relief order? Page 11 the granting of a debt Service publications Page 7 relief order Page 21 8 Page 16 4 What restrictions will 15 How do you apply for apply to you if you 12 Data Protection Act a debt relief order? obtain a debt relief Insolvency terms – 1998 – How we collect Page 8 order? what do they mean? and use information 5 Page 13 Page 17 Page 22 Who will deal with 9 13 16 your case? Publicity Where to go for advice Disclaimer Page 9 Page 14 Page 20 Page 23 About this guide 1This guide tells you what happens if you are If you are not yet subject to a DRO, you should granted a debt relief order (DRO). be aware that, It is for general guidance only. If you are thinking of • A DRO is a serious matter. This booklet will tell applying for a DRO, you should seek legal or you what you need to think about before you financial advice from an approved intermediary, a decide to apply for a DRO. A DRO will impose solicitor, a qualified accountant, a reputable certain restrictions on you, as listed in Section 8.
    [Show full text]
  • Intermediary Guidance Notes: DRO2
    V.16 October 2016 www.gov.uk/government/organisations/insolvency-service Intermediary Guidance Notes: DRO2 1 CONTENTS PART 1 - INTRODUCTION Background to Debt Relief Orders 3 Criteria for DRO applicants 4 Duties imposed on an applicant in relation to DRO Proceedings 6 Effect of a DRO on an applicant 8 Restrictions imposed on an applicant subject to a DRO 15 The Official Receiver 17 Approved intermediaries 18 PART 2 - COMPLETION AND SUBMISSION OF THE APPLICATION FORM Process flow 20 Start an application 21 Accessing and completing an application 22 Pre-submission check 23 Submitting an application 24 Post submission (what happens next) 25 Support for users 26 Groups 27 Appendix A - What data is collected in the application 29 Appendix B – Application technical information 31 PART 3 - FEE PAYMENTS The fee 48 How to pay 49 Refunds 51 GLOSSARY 52 2 PART 1 - INTRODUCTION Background to Debt Relief Orders Following extensive public consultation by the Government1 examining the accessibility of debt relief, it was established that there is a relatively large proportion of applicants who are unable to access any form of debt relief due to the costs involved in seeking relief via bankruptcy or other methods. Therefore, in order to provide applicants with better access to debt relief, one of the measures introduced by the Tribunals, Courts and Enforcement Act 2007 was a new form of debt relief called a Debt Relief Order (DRO), which came into force from the 6th April 2009. In contrast to other forms of debt relief, DROs are delivered in partnership with debt advisors, primarily from the advice sector.
    [Show full text]
  • Consumer Bankruptcy Law Reform in Scotland, England and Wales
    Consumer Bankruptcy Law Reform in Scotland, England and Wales by Donna McKenzie Skene and Adrian Walters† I. INTRODUCTION Like their counterparts in other countries, policymakers in the United Kingdom are paying increasing attention to the phenomenon of consumer bankruptcy.1 In macroeconomic terms, the last decade has been one of historically Senior Lecturer, School of Law, University of Aberdeen (UK). † Geldards Professor of Corporate and Insolvency Law, Nottingham Law School, Nottingham Trent University (UK). This article is based on a paper given at the INSOL Academics’ Group Meeting held at Scottsdale, Arizona, May 2006. We thank the following from whom we have benefited greatly during its preparation: David Brown, Pat Boyden, Irene Hardill, Jason Kilborn, Mike Norris, Charles Tabb, Jay Westbrook and the participants in the INSOL Academics’ Group Meeting. The usual disclaimers apply. We also acknowledge the support of the British Academy in contributing to Donna’s travel expenses for attending the meeting. In this article the following abbreviations are used in text and footnotes: AIB Accountant in Bankruptcy. BD(S) Bill Bankruptcy and Diligence etc (Scotland) Bill. BRO/BRU A bankruptcy restrictions order or undertaking under IA 1986 § 281A and Schedule 4A. B(S)A 1985 Bankruptcy (Scotland) Act 1985. CCAO A county court administration order under Part VI of the County Courts Act 1984 (England and Wales). Choice of Paths DCA, A CHOICE OF PATHS—BETTER OPTIONS TO MANAGE OVER- INDEBTEDNESS AND MULTIPLE DEBT, CP 23/04 (2004). Cork Report INSOLVENCY LAW AND PRACTICE, REPORT OF THE INSOLVENCY LAW REVIEW COMMITTEE, CMND. 8558 (1982) (chaired by Sir Kenneth Cork).
    [Show full text]
  • Guide to Insolvency Statistics
    Guide to Insolvency Statistics Last reviewed: April 2016 Contents 1. Introduction ............................................................................................................................. 3 2. Company insolvency in the United Kingdom ............................................................................. 4 2.1 Introduction .................................................................................................................................. 4 2.1.1 Types of company insolvency ................................................................................................ 4 2.2 Compulsory liquidation ................................................................................................................. 5 2.2.1 Overview ................................................................................................................................ 5 2.2.2 Key data recorded by the Insolvency Service about compulsory liquidations ...................... 7 2.2.3 Legislative changes and other factors affecting compulsory liquidations ............................. 8 2.2.4 Differences in Scotland and Northern Ireland ....................................................................... 8 2.3 Other forms of company insolvency ............................................................................................. 8 2.3.1 Overview ................................................................................................................................ 8 2.3.2 Legislative changes and other
    [Show full text]
  • Debt Relief Order’
    V14.0 October 2015 www.bis.gov.uk/insolvency Intermediary Guidance Notes How to Complete the Online ‘Debt Relief Order’ Application Form 1 CONTENTS PART I: INTRODUCTION 3 Background to Debt Relief Orders 3 Criteria for DRO applicants 3 Duties imposed on a debtor in relation to DRO Proceedings 5 Effect of a DRO on a debtor 7 Restrictions imposed on a debtor subject to a DRO 14 Method of application for a DRO 15 Approved intermediaries 17 Completing the Online Application Form 17 Further Information 18 PART II: GUIDANCE ON COMPLETION AND SUBMISSION OF THE DRO ONLINE APPLICATION FORM 19 View Applications 21 Screen 1 - Log-in page 22 Screen 2 - Personal Details page 24 Screen 3 –Insolvency History 31 Screen 4 – Employment Details 35 Screen 5 - Assets 37 Screen 5 - Pensions 43 Screen 6 – Property Transactions and Preferred Creditors. 45 Screen 7 – Creditors 46 Screen 8 – Income and Expenditure Account 55 Screen 9 – Pre-submission check 59 Screen 10 – Submission Page 60 GUIDANCE IN RELATION TO FEE PAYMENTS 61 How to pay 62 What Happens Next 64 Flow Chart – Additional Information that applicant may require 65 GLOSSARY 66 2 PART I: INTRODUCTION Background to Debt Relief Orders Following extensive public consultation by the Government1 examining the accessibility of debt relief, it was established that there is a relatively large proportion of debtors who are unable to access any form of debt relief due to the costs involved in seeking relief via bankruptcy or other methods. Therefore, in order to provide debtors with better access to debt relief, one of the measures introduced by the Tribunals, Courts and Enforcement Act 2007 was a new form of debt relief called a Debt Relief Order (DRO), which came into force from the 6th April 2009.
    [Show full text]