Oct 29

You’ve probably heard the term “Credit Crunch” so many times that you ought to have a pretty good grasp of what it means. But do you? Most of my friends, when asked, were stumped to come up with a satisfactory answer. The term is relatively new and is still considered slang by some quarters, so a good description is hard to come by. So putting on my heroic hat for a moment, I have put together a little handy guide that should hopefully clarify a few points for you.
OK, so lets start with a basic description. A Credit Crunch is a sudden reduction in the amount of cash available from loans (or credit), or from the sudden increase in the cost of obtaining loans from banks.

So, why might this occur? There are a number of reasons why banks may suddenly increase the costs of borrowing or make borrowing more difficult. It may be due to an anticipated decline in value of the security used by the banks when issuing loans, or even an increased perception of risk on the subject of the solvency of other banks within the banking system, which we have seen plenty of lately. It may be due to a change in monetary conditions (for example, where the central bank suddenly and unexpectedly raises interest rates or reserve requirements) or even due to the central government imposing direct credit controls.
A credit crunch is often caused by a sustained period of careless and badly chosen lending which results in losses for lending institutions and investors in debt when the loans turn sour and the full extent of bad debts becomes known. These institutions may then reduce the availability of credit, and increase the cost of accessing credit by raising interest rates. In some cases, lenders may be unable to lend further, even if they wish, because of earlier losses.

The crunch in general is caused by a reduction in the market prices of previously “over inflated” assets and the financial crisis that results from the price collapse. In contrast, a similar sounding Liquidity Crisis is triggered when sound businesses find themselves temporarily incapable of accessing the finance it needs to expand or smooth its payments. In this case, accessing additional credit lines and “trading through” the crisis can allow the business to navigate its way through the problem and ensure its continued solvency and viability. It is often difficult to know, in the midst of a crisis, whether distressed businesses are experiencing a crisis of solvency or a temporary liquidity crisis.

In the case of a credit crunch, it may be preferable to sell or go into liquidation if the capital of the business is insufficient to survive the post-boom phase of the credit cycle. In the case of a liquidity crisis on the other hand, it may be preferable to attempt to access additional lines of credit, as opportunities for growth may exist once the liquidity crisis is over.
A prolonged credit crunch as we may be currently experiencing from the excesses of the sub-prime market is the opposite of cheap, easy, and plentiful lending practices (sometimes referred to as “easy money” or “loose credit”). During the upward phase in the credit cycle, asset prices may experience bouts of frenzied competitive, leveraged bidding, inducing hyperinflation in particular asset markets. This can then cause a speculative price “bubble” to develop. As this upswing in new debt creation also increases the money supply and stimulates economic activity, this also tends to temporarily raise economic growth and employment.

Often it is only in retrospect that participants in an economic bubble realize that the point of collapse was obvious. In this respect, economic bubbles can have dynamic characteristics not unlike Ponzi schemes or Pyramid schemes which I hope to cover later on if you’re feeling brave.

I personally like the quote from the economist, John Maynard Keynes, when he said in 1931 during the Great Depression: “A sound banker, alas, is not one who foresees danger and avoids it, but one who, when he is ruined, is ruined in a conventional way along with his fellows, so that no one can really blame him.”
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Oct 28

If you get a letter, telling you someone is making a County Court Claim saying you owe him or her money, do not be alarmed. The Court will decide whether you have a debt to pay - and if so, how you should repay it - in a way that is fair to everyone.

The purpose of a County Court Claim

Someone you owe money to (a ‘creditor’) can take a County Court action against you to claim the money. If you pay the amount outstanding, you can avoid a hearing or judgment. If not, there will be a simple court hearing in private. You can attend if you wish, or just send the information the court asks for by post.
The court does not find anyone ‘guilty’ or ‘innocent’. It looks at the facts and decides whether you owe any money, and if so, how you should repay it.
Under Scottish law, the Sheriff Court deals with claims differently.
County Court Claim Form
The court will send you a ‘Claim Form’, showing how much the creditor says you owe them and the details of the claim (though these details can be sent separately up to 14 days later). This form gives you the opportunity to explain your situation to the court.
Replying to a Claim Form
You will receive an Admission Form with the Claim Form, asking you about your income and outgoings. On the form, you can make an offer to repay the debt (or a lower amount if you think you owe less than the creditor claims).
If you do not make an offer and the court decides against you, it may say you must pay either the full amount or monthly payments.
You have 16 days from the date of the postmark to send the form back to the court. Or you can submit an ‘Acknowledgement of Service’ or a ‘Defence Form’, depending on how you want to proceed
County Court Judgments (CCJs)
After the court hearing, the court may issue an order saying you must repay the debt. This order is called a CCJ and will either be for the amount agreed between you and your creditor or, if you can’t agree, a payment set by the court.
If you have judgments from more than one creditor, the court can combine your debts and make an ‘administration order’ - saying you must make a single payment every month to be shared by all your creditors.
What to do if you can’t pay
If you pay nothing, or do not keep up with the payments, the creditor can ask the court to take steps to make you pay, in which case you may have to pay more costs. If you genuinely cannot pay, even in stages, you can ask the court to:
• change the amount of the regular payments
• suspend the order until you can afford to pay
County Court Judgment (CCJ) records
Unless you pay the full amount of the judgment within one month, your CCJ will be recorded on the Register of County Court Judgments for six years.
Organizations such as banks, building societies, and loan companies use the registered information to help decide whether to give you credit or loans, like a mortgage.
What to do if you disagree with a CCJ
If you have a genuine reason to disagree with a CCJ you can ask, the court not to apply it straight away (’set it aside’). You may have to pay a fee for this. If you don’t have a genuine reason, your application could be treated as wasting court time or even perjury - serious offences that can incur fines and prison sentences.
If the judgment is set aside, things go back to the start of the claim. You have another chance to reply to the Claim Form, and explain your situation. The CCJ is taken off the County Court Register until a new judgment is made.
Changing your credit record
Some companies charge for credit repair services that claim to help you get CCJs taken off the register - get free, independent advice first before using one of these companies.
You can get incorrect information removed yourself by paying £2 to see your credit file and asking for mistakes to be corrected. Remember though, a judgment is only taken off the register if:
• you paid it in full within one month
• it’s set aside by the court (see ‘If you disagree with a CCJ’ above)
You can search the record for any CCJ registered against you and have it marked ’satisfied’ if you have paid off the debt.
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Oct 06

With so much in the news about the state of the worlds banks, you could be forgiven for trying to fix the worlds problems and not concentrating on your own situation. If you’re one of the millions in this country with a little more parked on your credit card than is healthy you may have heard that debts incurred on UK credit cards before April, 2007 may actually be written off under certain circumstances. Yep, that’s right. Written off! We here at Debt Advice Online firmly believe that if you borrow money you should pay it back. No questions asked. We also believe that certain credit card companies have been far too exuberant when it comes to hiking their interest payments after the low or zero % introductory period, which has given them a less than favourable reputation.

So here’s the deal. Your credit card company is required to produce an original copy of the agreement that it had with you, and if this credit card company no longer has this document then the debt incurred on the credit cards becomes unenforceable by law. Now before you get all excited, do not misunderstand what is meant by this. The debt that you have on your credit card is not wiped off. It remains there, but the credit card company cannot legally process any claim for it.

To put it another way, the debt on your credit card stays put, but the credit card company cannot legally ask you to repay it unless they find your original agreement. If you are the kind of person who can bide their time, then you will probably like to know that there is an act of law called the Limitation Act of 1980, which is a six year rule. Under this Act the debt on your credit card becomes non-existent after six years from the last time it was acknowledged.

There are several agencies that can take up your credit card debt problems, and offer to have your debt written off. These agencies provide you with this service against a fee, while they deal with your credit card debt within the legislation which controls such claims. Now I have to officially remain impartial here and not mention any names of companies who have a darn good team who could help you if you so chose. Ahem.

You probably won’t be surprised to learn that since 1995, write-offs of credit card balances rose substantially from £0.1 billion to £1.6 billion in 2003.

It was also the nineties that saw the start of the sharp rise in credit card debts, with the rise flattened to around £1 billion, however if we factor in debt write-offs which rose sharply during 2001 and 2002, the overall debt was pushed up to around £2 billion.

Generally speaking, given the current climate, you will want to get on top of any credit card bills you have especially if those bills are mounting each month. It is wise to look into the possibility of having your credit card debt written off, but if that isn’t possible then working out a sensible repayment plan could be your next best alternative. Debt Advice Online has some great people who can walk you through your options, plus they can help you get the creditors off your back if you are getting constant phonecalls and letters and it’s getting too much for you to cope with.

You would think that the banks would want you to start saving rather than borrowing more money to ensure they had the safety of capital in their coffers, but even today, with not just banks but entire countries going under, you can still pick up a friendly looking credit card with 0% APR for the first sixteen months! Whilst that is a little crazy to my mind, you may think we’ve got it good when in some countries banks send unsolicited credit cards to people with instant balances of 1000’s of pounds even before they’ve signed anything. That is just asking for trouble!

So take care with your credit card, try to get it repaid on time, paying more than the minimum balance, so you actually pay back more than the interest, but also look into clearing your credit card either by yourself or if your not feeling confident with the paperwork try one of the specialist agencies.

Till next time.

Michael Ford