What can my non-priority creditors do if I don’t pay the debt? Your creditors can ask you to pay and also do the following. Pass details of missed payments to a credit reference agency Credit reference agencies hold information about county court and high court judgments, administration orders (AOs) bankruptcy orders, debt relief orders (DROs), individual voluntary arrangements (IVAs), electoral roll information and your credit agreements. Your creditor can only pass on information about your agreements with your permission. You usually give this when you sign the agreement. Information is normally kept on your credit reference file for six years and can affect your ability to get credit in the future. See our Credit reference agencies and credit reports fact sheet. Pass or sell your debt to a debt collector This is quite common, so don’t worry if it happens. A debt collector has no more power than the original creditor. They are not a bailiff and have no right to come into your home. Just deal with them in the same way that you would deal with a non-priority creditor. If a debt collector tries to charge you extra fees for collecting the debt, contact us for advice. You may be able to complain. See Have you been treated unfairly by your non-priority creditor? in the Are you having problems with your creditors? section on page 98. Take action in the County Court The County Court is not a criminal court and is not there to judge anyone guilty or innocent. It simply settles disputes about money owed, and how to repay it. The court expects you and your creditor to do all you can to avoid court action. If your creditor is planning to start court action, they should send you a letter beforehand. This gives information about the debt and how to contact them to discuss payment. It should also include a reply form. See our County Court – pre-action protocol for debt claims fact sheet. Just because a creditor can take action in the County Court doesn’t mean that they will. If they do, most procedures are through the post or online. Usually you won’t have to go to a hearing. You will get a claim form and have the chance to say whether you agree you owe the money or not. Page 92
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