Sharon McDougall - Updated - 17th March 2025 - 2 minutes to read
Credit card debt is unsecured so while you don’t need to worry about losing your home, you should still make it a priority to solve the situation before it gets any worse. Falling behind with your credit card repayments can cause you to spiral into an unmanageable debt situation surprisingly quickly.
With many credit cards having high interest rates of over 30%, these can quickly create severe financial problems if payments are missed and the outstanding balance continues to increase. So what happens when you can’t afford to make the minimum payments on your credit cards and is there any help out there?
When you miss a payment the credit card provider is likely to charge a fee, and will notify you by letter of the missed payment. They’ll expect a payment to be made straight away to bring the account into line. If you don’t respond to this, you run the risk of the situation escalating and ultimately end up involving the courts, Sheriff Officers, and months of steadily increasing pressure.
Get a rough indication of what your repayments might be under each of our different debt solutions.
How to negotiate?
Being open and honest about your financial problems may encourage the credit card company to offer you lower repayments for a while, or perhaps freeze the interest on your outstanding balance.
It’s important to contact your credit card provider as soon as possible once you miss a payment so they can see you’re not deliberately withholding payment but are just simply unable to pay.
If you miss three or more payments the creditor could place your account into default, which means they can take enforcement action to recover their money, or they may decide to pass the debt to a collection agency. Under the Consumer Credit Act (CCA) you must be given 14 days to repay before they try to enforce the debt.
Your creditor can begin court proceedings against you if you don’t pay. If the debt is £5,000 or less this can be done through a ‘simple procedure notice of claim,’ or an initial writ if you owe more than £5,000.
If the debt remains unpaid they could decide to serve a charge for payment, which is often a precursor for enforcement action.
Creditors can take various measures to recover their money including arresting your earnings, which involves your employer deducting a fixed sum from your wages to repay the debt over a period of time.
Bank arrestment is also a possibility, and this freezes a proportion of your bank balance to repay the creditor.
So is there anything you can do to prevent court action and the diligence measures described?
Obtaining advice from a personal debt expert can prevent such drastic measures and help you recover financial stability. Scotland Debt Solutions specialises in helping Scottish residents escape debt, and will make sure you understand all your options before you decide a route forward.
These may include formal insolvency procedures such as the Debt Arrangement Scheme (DAS) or Scottish Trust Deed, or informal negotiations with your creditors for new and more affordable repayment plans.
If you are struggling with your debts, get in touch with one of our experts – we can give you immediate help and advice to quickly establish your best options.
Sharon McDougall
Manager
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Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debts
Find out MoreA Trust Deed involves making a monthly contribution to your debts for up to four years. After this time any remaining debt included in the Trust Deed will not need to be paid.
Find out MoreA Debt Arrangement Scheme (DAS) lets you pay off your debt through a series of manageable instalments over a reasonable length of time.
Find out MoreWhether you are a sole trader or a limited company director, we can help you work through your current financial problems including money owed to HMRC
Business Debts in ScotlandOur Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority
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