Financial Hardship Support
Here are key areas of law that may come into play when dealing with hardship in England and Wales:
-
Consumer Rights:
- The Consumer Rights Act 2015 provides protection for consumers facing issues with goods, services, or digital content. It outlines rights, remedies, and standards for consumer transactions, helping individuals seek redress for faulty products or services.
-
Debt Relief Orders (DROs):
- DROs are a legal mechanism designed to help individuals with low income, minimal assets, and qualifying debts. Administered by the Insolvency Service, DROs offer relief from certain debts and provide a pathway for individuals to regain financial stability.
-
Bankruptcy:
- Bankruptcy is a legal process for individuals who cannot repay their debts. It involves the discharge of debts, offering a fresh start for those facing severe financial difficulties. The Insolvency Act 1986 governs bankruptcy proceedings in England and Wales.
-
Employment Rights:
- Employment laws in the UK, such as the Employment Rights Act 1996, protect workers' rights and establish standards for fair treatment in the workplace. Understanding these rights is crucial for individuals facing financial challenges related to employment.
-
Welfare Benefits:
- The welfare benefits system, including Universal Credit, Housing Benefit, and Council Tax Reduction, is governed by various statutes and regulations. These benefits provide financial support to individuals and families in need.
-
Legal Aid:
- Civil Legal Aid is available to individuals facing financial hardship who need legal advice or representation. The Legal Aid, Sentencing, and Punishment of Offenders Act 2012 (LASPO) outlines the scope and eligibility criteria for legal aid.
-
Tenant Protections:
- Laws such as the Housing Act 1988 and the Protection from Eviction Act 1977 provide protections for tenants, including safeguards against unfair eviction. Understanding these laws is crucial for individuals facing housing-related financial difficulties.
-
Debt Management:
- Individuals facing financial hardship can negotiate with creditors to establish manageable repayment plans. The Consumer Credit Act 1974 regulates certain aspects of consumer credit agreements and may be relevant in debt management situations.
-
Insolvency Laws:
- Various insolvency laws, including the Insolvency Act 1986, govern proceedings related to insolvency, bankruptcy, and company liquidation. These laws provide mechanisms for addressing financial difficulties at both individual and corporate levels.
-
Financial Conduct Authority (FCA) Regulations:
- The FCA regulates financial services and products in the UK. Its regulations aim to ensure fair treatment of consumers, including those facing financial hardship, in their dealings with financial institutions.
It's important to note that the legal landscape is complex, and individuals facing financial hardship should seek professional advice from solicitors, debt advisors, or organisations specialising in financial support. Additionally, legal aid may be available to those who qualify, providing access to free legal advice and representation.
In the the interim The Access To Justice For Families Foundation has created a template letter for our users to download that is complimentary. The purpose of the letter is to send to all the creditors to allow for breathing space and a freeze on late payment fees and charges whilst going through litigation.