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12 Bolton Independent ISSUE 36 Independent BUSINESS Debt Management Plan can solve money worries by Chrissy Johnson Lifeline Debt Management 500sq ft Exclusive Showroom Opening Hours: Monday to Friday 9.00am-5.00pm. Saturday 10.00am-4.00pm 21 Chorley Road, Westhoughton, Bolton BL5 3PD Telephone: 01942 813342 Email: select_bathrooms@yahoo.co.uk Need help through a tough time? Then talk to Lee. Lee is a partner in our specialist Family Law Department and will offer a free initial consultation to assess your situation and provide a broad overview of what you could achieve. Our specialist Family Law Department covers divorce, separation agreements, pre-nuptial and cohabitation agreements, disputes involving children and civil partnerships. Contact Lee at: Clough & Willis Solicitors 2 Manchester Road, Bury BL9 0DT 0800 083 0815 info@clough-willis.co.uk ‘I know I need help with my debts but I’m not sure which of the plans on offer I should take.’ This is a common concern from many people we speak to who are struggling to keep up with payments to their unsecured creditors. One of the most common plans on offer is the Debt Management Plan. What is a Debt Management Plan? A Debt Management Plan is an informal agreement with your creditors to make reduced payments to them. By informal we mean that the courts are not involved in setting up the plan so it is not a legally binding agreement. The plan allows you to re-pay your creditors at a rate you can afford each month. It is a particularly good option for people who are having difficulties that may be of a temporary nature because its informal nature gives it more flexibility than some other options. How does it work? Your debt advisor will draw up a financial statement for you showing your income and household expenditure. The difference between the two is the amount you can afford to pay your creditors each month. You then pay this amount to the Debt Management Company each month and they take care of making sure that each creditor receives the share due to them as well as dealing with all correspondence and phone calls from your creditors for you. What’s the catch? It will take you longer to repay your debts because you will be making lower payments, but most people in Debt Management Plans find this is acceptable because they no longer have to constantly stretch their finances to keep up with payments. Your credit rating will be affected because you will not be making the payments you originally agreed, but if you have already missed payments before setting up your plan it is likely that this will already be the case. Although this will affect your ability to obtain further credit the last thing you should be doing at this point is borrowing more money. What are the benefits to me? A Debt Management Plan is relatively inexpensive and quick to set up. It is also flexible, so if your circumstances change your plan can be changed to take account of this, e.g. if you find yourself in a position to start making full payments to your creditors it can be cancelled and you can take over the running of your finances yourself again. Likewise if your situation worsens your advisor can go back to your creditors and negotiate for a further reduction in your payments. While it is not possible to guarantee that creditors will stop interest and charges on the amounts owed to them, most will do so once they see a professionally prepared financial statement and regular payments being made. Finally the worry and stress of dealing with the creditors is taken away from you and dealt with by your debt advisor. For more information about dealing with debt please ring Chrissy Johnson on 08000 80 70 95 (FREE) Questions and answers on divorce and separation You tend to read about people getting online quickie divorces. Is there really a place for a solicitor generally and if so, is specialist advice really required or would any solicitor do? If I had a pound for every time I heard about this so called virtual Court that exists on the Web, I would be well on the way to saving up for Richard Branson’s Caribbean island! The fact that a hearing is generally not required to dissolve a marriage or civil partnership does not mean that expert advice should not be sought. People should look for members of Resolution (formerly the Solicitors Family Law Association) as they tend to specialise in Family Law. Check their website for accredited experts (www.resolution. org.uk). Whilst a divorce or civil partnership is generally only a paper exercise, it does not mean paperwork is not problematic. The Court is very particular as to the legal and factual requirements. It can be extremely difficult to try and correct these errors later on, my experience being that matters become so entangled the proceedings have to be started afresh. So called online providers, have in my experience issued proceedings convenient for them. I recently again discovered this when acting for a Lancashire dentist whose online divorce by LEE MARSTON Partner in the Family Law Department at Clough & Willis Solicitors proceedings had been issued in Swindon County Court! £99 for a divorce. No mention of the £385 Court fees then! Besides, it also enables you to engage with your expert at what is often an important time in the separation, namely the beginning of it. Yes about that. Isn’t it just a case of the parties talking through matters with a mediator who can act for them both so no solicitor needs to be involved? No. A mediator can give legal information but not advice. They, themselves will advise the parties without a solicitor that they should have one! Remember, in financial matters, this is your one chance to secure your financial future on exiting the marriage. No second chances. Valuations need to be properly undertaken and in any negotiation a person protected from the possibility of coercion or undue influence. Most particularly, it is important to ensure there is a full and proper disclosure so proper informed decisions can be made. It is rarely the case that something is discovered further down the line that was not disclosed, although if that was true, it would have the potential to unravel the entire settlement. Business and shareholding valuations, liquidity issues, copper-bottomed assets such as bricks and mortar versus more variable risk-laden illiquid assets? It can be a very complex area. What is your experience of a solicitor’s view of any child aspects to a separation? Well, any Family Law specialist, particularly an accredited Resolution expert, will know that first consideration in the financial aspects of a divorce or civil partnership dissolution will be the children’s needs. In a child dispute, their welfare is paramount. Anything else would be relevant but secondary to their welfare. You have to be child-centric. They are not a make weight issue, nor should they ever be. Besides, what makes this such a great and challenging area of law is that you deal with people, for all their attributes and faults. That includes their expectations, hopes and fears. All that may be good and bad in them. You have to give advice that is generally welcomed but sometimes not. Advice has to be objective and it can be very difficult to do so. You do tend to get to know your client well over the course of a dispute. They are not just names on your worksheets. Who would want it any other way?
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