Personal Debt Solicitors

Unmanageable personal debt has legal solutions — not just advice about spending less. A solicitor will identify the option that deals with the debt you have, protects what you can protect, and gives you a defined exit.

Personal debt becomes unmanageable for different reasons — redundancy, relationship breakdown, illness, business failure, or the accumulation of credit commitments over time. The response to unmanageable debt depends on the type of debt, the assets at risk, the income available, and the creditors' current actions. Options range from informal negotiation and debt management plans through to formal statutory solutions — IVA, bankruptcy, or a Debt Relief Order. A solicitor will assess the full picture and advise on the option that is most effective for your specific situation.

All debt types & situations IVA, DRO & bankruptcy advice Creditor negotiation Free initial consultation

Personal Debt Options

Unmanageable personal debt — the options, who they are suitable for, and what each achieves.

No single debt solution suits everyone. The right option depends on assets, income, the type of debt, and the current actions of creditors. A solicitor will assess all of these factors and advise on the most effective route to resolving your debt situation.

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Informal debt negotiation and freezing interest

Before formal solutions are needed, creditors can be approached to freeze interest, waive charges, and accept reduced repayments. Most major creditors — banks, credit card companies, utility providers — have hardship policies and will engage with a genuine hardship proposal. HMRC operates a Time to Pay scheme for income tax, corporation tax, and VAT arrears. A solicitor will draft a creditor negotiation letter — setting out the financial position honestly and proposing a realistic arrangement — and will manage the response. An informal arrangement does not affect credit in the same way as a formal insolvency process, making it a preferable first step where creditors are willing to engage.

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Debt Management Plans — the informal option

A Debt Management Plan is an informal repayment arrangement — negotiated by the debtor (or a debt management company on their behalf) — where creditors agree to accept reduced monthly payments distributed across all unsecured debts. A DMP has no statutory basis — creditors are not obliged to agree, freeze interest, or stop enforcement action. However, many creditors will agree to a DMP where the alternative is a formal insolvency process that gives them less. A DMP is appropriate where the total debt is manageable over an extended period, the debtor has enough surplus income to service the arrangement, and the creditors are cooperative. A solicitor will assess whether a DMP or a formal process is more suitable for your total debt level.

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Individual Voluntary Arrangement — IVA

An IVA is the most widely used formal personal insolvency solution for individuals with a regular income who have significant unsecured debt (typically £10,000 or more) and assets (particularly property equity) that they want to protect from bankruptcy. The IVA proposes repayment of an affordable monthly contribution over 5 years — binding all unsecured creditors (including those who vote against) where 75% by value approve. On completion, the remaining unsecured debt is written off. An IVA protects the family home from immediate sale in a way that bankruptcy does not. A solicitor will advise on whether an IVA is the right solution and will introduce you to a licensed insolvency practitioner to prepare the proposal.

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Debt Relief Order — DRO (low asset, low income)

A Debt Relief Order is a low-cost formal insolvency process for individuals with debts under £30,000, minimal assets (less than £2,000, excluding a car worth less than £4,000), and low surplus income (less than £75 per month after reasonable living costs). A DRO provides a 12-month moratorium — during which creditors cannot enforce — and on the expiry of the 12 months, the qualifying debts are written off. A DRO cannot be applied for directly; it must be applied for through an Authorised Debt Adviser. A solicitor will advise on whether a DRO is suitable and introduce the appropriate authorised adviser to manage the application.

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Bankruptcy — the final resort or the right solution

Bankruptcy is appropriate where the total unsecured debt is very high, there are no significant assets (particularly no property equity), and the income is not sufficient to support an IVA contribution at a level that creditors would accept. Discharge is automatic after 12 months, at which point most unsecured debts are written off. The consequences — trustee's interest in any property, income payments agreement on surplus income, restrictions on borrowing — are significant but time-limited. For some individuals, bankruptcy is not a last resort but the most efficient and definitive solution available. A solicitor will advise honestly on whether bankruptcy is more appropriate than the alternatives.

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Responding to creditor enforcement — CCJ, statutory demand, bailiff

Where debt has already entered the enforcement stage — a CCJ has been entered, a statutory demand has been served, or bailiffs have attended — the debt advice must be combined with an immediate response to the enforcement action. A solicitor will address both simultaneously: responding to the enforcement action within the applicable deadline (setting aside the CCJ, applying to set aside the statutory demand, challenging unlawful bailiff conduct) while assessing the overall debt position and advising on the longer-term solution. The two must be managed together — a debt solution that takes months to implement will not protect against enforcement that resolves within days.

How It Works

Unmanageable debt has a solution — it is just different for every person. A solicitor will identify what your situation requires, not what is easiest to sell you.

A solicitor will assess your total debt, your assets, your income, and the current state of creditor enforcement — and advise on the option that gives you the most complete resolution of your debt situation with the best protection for what you have.

Submit Your Request
1

Tell us about your debts and your situation

Describe the total unsecured debts, who the creditors are, what they are currently doing, your income, and any assets — particularly property.

2

Solicitor identifies the right solution

A personal debt specialist assesses the full picture and advises on the most appropriate solution — informal, DMP, IVA, DRO, or bankruptcy — and how to respond to any current enforcement action.

3

Free initial consultation

You receive honest, complete advice on your options and the realistic outcome — at no cost and no obligation.

Free Initial Consultation

Unmanageable debt is a legal problem as much as a financial one. The right solution is a legal solution — and a solicitor will find it for your specific situation.

Get specialist personal debt advice — and find out which option deals most effectively with your debt, protects your assets, and gives you a defined exit from the situation you are in.

Get My Personal Debt Advice

Common Questions

Personal debt — what people ask us.

I am being contacted by debt collectors all day. What can I do?

Debt collectors must comply with the FCA's guidance on fair treatment of customers in financial difficulty — they cannot harass, threaten, or contact you at unreasonable times or with unreasonable frequency. Where contact is excessive or threatening, it is a breach of the FCA Consumer Credit Sourcebook and the Consumer Protection from Unfair Trading Regulations 2008. A solicitor will send a formal letter to the debt collector and the original creditor — setting out the complaint about the contact and requiring compliance with the FCA guidance. This does not resolve the underlying debt, but it stops the harassment and creates a proper framework for engaging with the debt on appropriate terms.

Can creditors pursue me for debts from a failed business if I was a director?

Not generally — a limited company's debts are the company's, not the directors'. However, directors are personally liable where they have given personal guarantees for company borrowing; where they have traded wrongfully (continuing to incur debts after insolvent liquidation was inevitable); where they have committed misfeasance (transactions at undervalue, preferential payments, wrongful extraction of assets); or where there is personal liability under the Consumer Credit Act for misrepresentations in a credit application. A solicitor will assess the specific basis on which any personal claim is being made against you as a director and advise on the defence.

My mortgage lender is threatening repossession. Is this a debt situation a solicitor can help with?

Yes — mortgage arrears and repossession proceedings are a form of debt situation that requires both legal advice on the proceedings and financial advice on the underlying position. A solicitor can: apply to suspend a possession order where the borrower can demonstrate a realistic proposal to pay the arrears; advise on the Pre-Action Protocol for Mortgage Arrears; and advise on whether a formal debt solution (such as an IVA that includes the mortgage arrears) or a voluntary sale is more appropriate than allowing possession to proceed. A solicitor will also advise on any shortfall claim by the lender after sale — where the property sells for less than the mortgage outstanding.

How does personal debt affect my partner or spouse?

Debts in your sole name are your sole liability — a partner or spouse is not responsible for them simply because of the relationship. Joint debts (joint accounts, joint mortgages, joint loans) are the joint liability of all account holders. Where you enter formal insolvency — IVA or bankruptcy — the trustee's interest in any jointly owned property will affect your partner, because the joint property is an asset of the estate (your share of it). A solicitor will advise on the position of a partner or spouse in the context of your insolvency — including the options for protecting the family home and the approach to joint debts.

What is a County Court Administration Order?

A County Court Administration Order (CCAO) is an order made by the county court for the administration and payment of debts — directing the debtor to make regular payments into the court, which distributes them to creditors proportionally. A CCAO is only available where: the total unsecured debts do not exceed £5,000; there is at least one CCJ outstanding; and the debtor cannot pay the judgment debt immediately. The order includes all debts of the debtor — and while it is in place, creditors included in the order cannot take further enforcement action. A solicitor will advise on whether a CCAO is appropriate for your specific debt level and creditor mix.

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