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- Tunbridge Wells hotspot for Debt
Tunbridge Wells hotspot for Debt 
You may be suprised to hear that Tunbridge Wells in Kent is becoming the number one area in the Country for debt. The reason for this has been given as Europeans moving over with their debts in order to help clear them!

"Easy access to Eurostar links to Continental Europe, cheaper rents than London, "and a very nice area" have all attracted Europeans crippled with debts to settle in Kent, with many choosing Tunbridge Wells.

As long as a person has lived in Britain for six months, they can be declared bankrupt in a British court, writing off their debts just one year later. This compares to a wait of seven or even nine years in Germany.

And with any EU national allowed to live in Britain, accountants said they were not surprised that Europeans had discovered a quirk in the legislation which allows them to wipe out debts incurred in Italy, Austria or Germany in a British court.

Mark Sands, the head of bankruptcy at Tenon accountancy, said: "It's an obvious move to make if you are German. As long as you can show you have lived here for six months you can declare yourself bankrupt and pop on a plane to go home.

"The European directive was designed to allow multinational companies to settle their debts, not individuals. I suppose it is a law of unintended consequences that individuals have taken advantage of it."

Last year he advised a German pilot with debts of £100,000 to move to Britain to clear his debts.

Tunbridge Wells has proved particularly attractive thanks to a specialist company, run by a German, setting up shop in nearby Erith. Insolvenz Agentur, run by Marcus Kray, advises German and Austrians how best to take advantage of British bankruptcy laws, as well as help with relocation and finding a job. The fee is €7,000 (£6,323).

His company's website promises bankruptcy tourists "Get rid of the rest of your debts in England after just 12 months".

He said: "Tunbridge Wells is near the Eurostar terminal in Ebbsfleet, which allows you to go to Continental Europe very easily. Kent is a nice area, the garden of England, and Tunbridge Wells is a very nice town. Also the rents are cheaper than in London."

He said most of his clients were successful professionals, including doctors, dentists and accountants. "None of them is taking Jobseeker's Allowance," he said, though one or two are retired and living off their European pensions.

One of his clients, an Austrian management consultant, managed to accumulate debts of £16 million, which were completely cleared by a British court.

He said: "The majority of my clients are German or Austrian – they have realised it is so much easier in the UK to have their debts cancelled so they come here.

"I spotted the gap in the market because many Germans have to wait for up to nine years to become bankrupt.

"It is a process that takes far too long. But in the UK you can be declared bankrupt in under a year and then go home after six months. It is a very attractive solution."

Many stay on for longer, he added. "They like the quality of life and the low taxes in England."

If you have debts then you may like to consider an IVA as a legal and government approved method of resolving debt that avoids the consequences of bankruptcy. If you owe over £15,000 to three or more creditors and can't afford to meet the repayments then you may be eligible for an IVA.

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Should Personal Debt be Capped? 
Those in debt will probably be the first to admit that obtaining credit and loans has become easier then ever and has little relation to how much you earn or could afford to pay back. For this reason it has been suggested that in order to stop personal debt becoming unmanagable, there should be a limit to the amount you can borrow if you cannot afford to be doing so.

"As personal debt has been easier to obtain, the amount has grown and grown and, like most things, you can overindulge.

Being in debt can bring huge stress, cause breakdowns and families to break up, and, as we know, it's been at the centre of the financial crisis.

Yet, not so long ago, getting a loan wasn't easy and credit cards and store cards didn't exist. We don't want to return to this era, but people have to be stopped from taking on debt they can't afford - it has to be capped. It has to be related to salary, savings and other debts, because we've ended up in the position where debt is controlling us, rather than us controlling it.

A lot of debt that appears personal can, in fact, have a wider impact - just look at the housing market! Despite the 20% fall in house prices many first-time buyers are still unable to get on the property ladder. It was the massive take up of debt encouraged by lenders, which drove prices to unrealistic levels - and they still are unrealistic.

So the debt of others has created a barrier for first-time buyers. Had loans been properly capped, prices would not have risen so far. On a more personal level, all parents want to do their best for their children. And this should mean starting out life without debt.

But society seems to be happy to let debt accumulation start at university. It's all the more dispiriting that higher education, the bedrock of future prosperity and a more secure society, is paid for via debt, rather than through taxation, especially when the UK has grown increasingly wealthy.

Changing this system won't be easy, but we need this situation reversed. Debt should be available to most, but it's highly-questionable whether it is wise to allow debts to build up before you've even started work.

Capping debt is not going to be popular, as it means less of it, which means less consumption and, crucially, less instant gratification. Persuading people to wait and save before they consume is a tough one, so it needs regulation.

Funnily it's the mortgage market that is the best example of capping. Although it got out of control, the principle is widely accepted that borrowing is related to ability to pay, so why not extend this across a range of loan activities? Clearly, the idea of "capping" is out there, but seldom applied. I found this out when I asked my bank if I could borrow some money and spent an hour answering questions - having agreed how much loan I could have, they never once asked how I would repay it. Happy days - provided I could pay the interest!

The politicians need to step in and ensure that lending is based on sensible criteria. But they aren't going to like telling the electorate they'll have to consume less - it's just not a vote winner even though its common sense and self evident.

But a less-indebted society is better for everyone - it's time to control debt again and not be ruled by it.

No says David Black banking specialist at Defaqto

If your boiler packs up and your car needs urgent repairs, have you got the cash available in your bank account to sort it out? If you haven't, you've got two choices - get used to cold baths and no car, or borrow the money to fix the problem.

Credit cards, overdrafts, personal loans and mortgages can be incredibly useful both to tide us over at times of need, and also to facilitate purchases of necessary items.

For some reason, many people think that debt has become a dirty word over the course of the last year or so, but, treated responsibly, it remains a natural ally and a useful tool in today's society.

Bad debts are something that lenders are very anxious to avoid and they have adjusted their underwriting requirements to minimise future risks as much as possible. They also have better knowledge, and make better use of, each applicant's financial status and overall level of indebtedness.

Many now base their decision on whether to lend, and, if so, how much to lend, on affordability - which takes account of income as well as financial expenditure and obligations - rather than merely basing decisions on overall income.

What this means is that it's going to be much more difficult for individuals to "over-borrow" moving forwards, as available credit from mainstream sources will restrict personal debt to the level that the individual can both afford and service. The lenders have very definitely learnt bundles from the recent financial malaise, and will do their utmost to ensure that they don't lend excessively in the future.

Many also monitor their existing borrowers, and it is not at all unusual for a lender to reduce a credit card limit or close a card account.

The maximum amount of debt that is appropriate will clearly vary considerably from individual to individual and it would be churlish for the nanny state to impose an arbitrary "one size fits all" limit on personal debt.

One can imagine the outcry if it was decreed that no one individual could have a debt greater than, say, £10,000 in unsecured debt and £200,000 for mortgages. Such would have massive ramifications on many aspects - including both the economy and the property market - which are heavily reliant on credit availability"

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Penalties for Overdrafts cut by Halifax 
For those with a Halifax account you may be pleased to hear that penalties for overdrafts are about to change. This will mean that depending upon the type of overdraft you have you will be set a daily fee.

"Millions of Halifax current-account customers will have their overdraft charges cut before the end of the year, it has emerged.

The bank, which has more than 5m current-account holders and which was rescued by Lloyds Banking Group earlier this year, will write to most customers next month to inform them it is moving to daily overdraft charges.

Currently, customers are charged £28 a month for an unauthorised overdraft facility, plus fees of £35 for each payment while they are in the red (up to a maximum of three per day).

Under the new structure, customers will pay a daily fee depending on the type of overdraft they have.

Customers who arrange an authorised overdraft of up to £2,500 will be charged £1 a day for each day they use the facility. Those who use an arranged overdraft of more than £2,500 will be charged £2 a day, while those who fall into unauthorised overdraft will be charged £5 a day.

The daily charging structure is already in force for Halifax’s Reward Current account, launched in February. Most of its other current accounts will be switched to the new system in December, with letters going out next month.

However, the Halifax Cardcash, Easycash and Student current accounts will be unaffected.

Several big banks have changed their charging structure for unauthorised overdrafts since a High Court test case was jointly launched by the Office of Fair Trading (OFT) and seven major banks and a building society.

Earlier this month Royal Bank of Scotland (RBS), which also offers current accounts under its NatWest brand, announced it was slashing fees for returning bounced cheques and standing orders from £38 to £5, while fees for paying for goods while overdrawn have been halved from £30 to £15.

RBS has also cut its monthly maintenance charges for unauthorised overdrafts from £28 to £20, with guaranteed card payment fees down from £35 to £15.

The test case is currently being heard by the House of Lords, after the banks involved appealed against an earlier decision that the charges did come under the scope of the OFT"

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Regulation planned for Debt Management Companies 
If you are in debt then you may be wary of using debt management companies due to the horror stories that are always around. However news today shows that these companies are to face stricter regulations.

"Debt management companies that negotiate with lenders on behalf of borrowers in exchange for a fee could become regulated by the government, which launched a consultation on the issue today.


The companies set up debt management plans designed to reduce monthly repayments for borrowers, but these can be expensive over the long-term after fees are added to the repayments.


Debt advice charities have long expressed concern about some companies operating within the burgeoning debt management sector.


The number of such companies has ballooned from 40 in 1999 to over 150 now and it is estimated that between 100,000 and 150,000 people enter debt management schemes each year.


A recent review of the sector by debt charity Money Advice Trust concluded that the advice given by these companies was mixed and that the Office of Fair Trading should require them to be clear about the cost of their services when they promote them.

It found some customers were only told the levels of fees very late in the process, leaving them feeling they were in a worse financial position than before they contacted such companies.


"If you are in unmanageable debt you need to get advice on the full range of options available," said Beccy Boden Wilks of the Money Advice Trust.


"Often these companies only sell debt management plans or consolidated loans whereas you may be better off taking another route such as bankruptcy."


The consultation is expected to conclude in December and the government will announce its conclusions early next year. Options being considered include regulation or an industry code of practice"

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Interest Rates may rise early next year 
Although interest rates are currently incredibly low this has to eventually end and new reports suggest that this could be the case early next year.

"Simon Ward of Henderson New Star said the Bank of England’s projections for inflation in two years’ time could be at the top end of their historic range at 2.5pc. The Bank bases its interest rate decisions on inflation expectations about two years in the future.

This high level of expected inflation implies that the Bank might have to raise rates to bring price rises back down towards the target of 2pc. The other means of tightening policy, a reversal of “quantitative easing” or money creation, is “off the agenda”, Mr Ward said, because of the likely effect on the cost of government borrowing.

“An eventual withdrawal of monetary stimulus is likely to take the form of a rise in Bank Rate rather than a reversal of quantitative easing,” he wrote. “Given the historically low starting level [of interest rates], rises in Bank Rate, when they begin, could be larger than in the initial stages of prior cycles.”

The two-year-ahead forecast for inflation is now above the target, at 2.17pc, Mr Ward pointed out. “This is the first positive deviation since last August and the largest since August 2007 – the MPC [monetary policy committee] last raised Bank Rate in July 2007.”

He said the committee’s decision to adopt a looser policy than warranted by its projections appeared to reflect a judgement that the economic costs of inflation undershooting the target would exceed those of an overshoot. “It has, in effect, taken out temporary insurance against worse-than-expected outcomes.

“The emphasis, however, is on ‘temporary‘, since such an approach risks damaging inflation-fighting credibility.”

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