Brachers Solicitors Debt Letter – Should I Ignore or Pay?

If you have received a debt letter from Brachers Solicitors, don’t worry, you are not alone. Over 170,000 people come to our website each month looking for guidance on debt issues, just like this one.

We understand that it can be confusing and stressful, especially if you don’t know where the debt has come from or if you are unsure about whether you should pay it. 

In this article, we’ll help you answer these questions:

•  Who are Brachers Solicitors and why have they sent you a letter?
•  How can you find out if the debt is really yours?
•  What can happen if you don’t pay your debts?
•  What are your options if you can’t afford to pay?
•  Can you write off some of your debt?

Our team includes people who have had dealings with debt collectors, so we understand how worrying it can be. We are here to help you understand your options and find a way forward.

Why have I received a letter from Brachers Solicitors?

If you have received a letter it is because Brachers are pursuing a debt on behalf of another company. The details of the debt should be in the letter that you have received. 

Do I have to pay?

If the debt belongs to you then you will either need to pay it, or come to an arrangement with Brachers Solicitors to pay in instalments. The debt will not go away and they will not stop calling you and sending letters.

Eventually, if they don’t get a response then it is possible that they will take court action and send bailiffs to your home. 

It is best to avoid such action, either by coming to an arrangement or exploring other alternatives discussed later in this article.

» TAKE ACTION NOW: Fill out the short debt form

This debt does not belong to me, what can I do?

If you have received debt letters from Brachers Solicitors, but aren’t sure if they’re legit, what do you do?

From my experience, the best thing to do is ask for proof that the debt is yours. I have a free ‘prove it’ letter template that you can use to help you write to Brachers Solicitors and request evidence that you are liable for the debt that they are chasing.

You are under no obligation to pay for a debt that can’t be proven to be yours. Take a look at this snipped from a forum query about Brachers Solicitors.

In my experience, it is always a good idea to try and contact debt collection companies by letter and to ask them to do the same as this person has. Letters make it much easier to gather evidence if there is a dispute in the future.

You also don’t need to give away your personal information if you feel uncomfortable, especially if this is before you have even confirmed the debt.

However, it is crucial that you respond to legitimate debt collectors quickly. Responding quickly will help you avoid any extra charges or fees. Not ignoring debt collectors also means that you are less likely to face legal action, such as a CCJ.

Is my debt statute-barred?

If it has been 6 years – or 5 years in Scotland – since you last paid towards your unsecured debts and you have not written to your creditor about your debt during this time, it is statute-barred.

This means that the debt is not enforceable. It still technically exists, and you still technically owe the money, but there is no legal way for you to be forced to pay or for the debt to be enforced.

Keep in mind that not all debts become statute-barred!

Any HMRC debts, for example, will stay enforceable for decades. Any debt that had a County Court Judgement (CCJ) attached to it during the 5 or 6-year window will be enforceable for the duration of the CCJ. 

If your debt is statute-barred, you can use my free letter template to write to Brachers Solicitors xand explain the situation.

If you are unsure about the status of your debt, you can contact a debt charity for some advice. Their advisors will be able to look at the debt in question, determine its status, and advise you on your next steps.

What Happens If I Don’t Pay My Debts?

We’ve all wondered – what exactly will happen if you stop paying off your debts? Well, the answer is a whole lot of bother.

1. Your creditor will send you reminders and then demands to get you to pay any missed payments
2. If you don’t pay, your account will default
3. If you still don’t pay your debts, your creditor can choose to sell your debt to a debt collection agency or employ an agency to chase you for the missed payments. This is where Brachers Solicitors will come in.
4. If you don’t pay the collectors, your creditor or the collection agency might be able to take legal action against you to get their money back. Legal action usually starts with a CCJ.

What can I do if I really cannot pay?

If you have unsecured debts that you can’t afford – either because you are already facing financial hardship or because paying Brachers Solicitors would push you into the red – you might want to consider a debt solution.

There are several different debt solutions available in the UK, so I recommend speaking to a debt charity as soon as possible. Their advisors will be able to look at your finances in detail and help you work out which debt solution will work best for you.

I have linked a few charities that offer these advisory services for free below.

Debt Management Plan (DMP)

A DMP is an informal debt solution that lets you pay off your debts via a single monthly payment.

Because it is informal, it is not legally binding so you are not tied into a DMP for a minimum number of payments.

Individual Voluntary Arrangement (IVA)

An IVA is a formal agreement between you and your creditors. You agree to pay a monthly sum that is distributed amongst your debts, and your creditors agree not to contact you during your IVA.

IVAs typically last for 5 or 6 years, and any outstanding debt is wiped off when it ends.

Keep in mind that IVAs are not suitable for everyone. You need to owe several thousand pounds to more than one creditor to be eligible. You also need to demonstrate that you have some disposable income every month.

Trust Deed

IVAs are not available in Scotland. Instead, you will need to opt for a Trust Deed.

Trust Deeds work in the same way as an IVA – you pay an agreed sum each month that is shared amongst your creditors, they can’t contact you, and any leftover debt at the end of your Trust Deed term is written off.

Debt Relief Order (DRO)

A DRO is a good option for those facing financial hardship with no assets and little income.

For 12 months, you make no payments, but your creditors freeze your interest and don’t contact you.

If your finances haven’t improved during this year, you may be able to write off your unsecured debts.

Bankruptcy

If you have debts but no realistic possibility of ever paying them off, you may need to declare bankruptcy.

Bankruptcy has an unfair stigma attached to it as it may be your only way of getting a financial fresh start. That said, it is a serious financial situation that should not be taken lightly.

Sequestration

Sequestration is the Scottish version of bankruptcy.

If you have little income and no valuable assets, you may be able to apply for a minimal asset process bankruptcy (MAP). A MAP is a quicker, cheaper, and more straightforward version of sequestration, so worth considering.

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Can I write off my debt without a debt solution?

If you don’t think that a debt solution is right for you – or if you are ineligible for one – what do you do?

From my experience, you might be able to negotiate with Brachers Solicitors and get an alternative payment plan sorted.

Negotiation often works in these circumstances for two reasons:

1. Brachers Solicitors didn’t pay 100% of the value of the debt when they bought it – debts are bought for much less than they are worth. This means that Brachers Solicitors don’t need to recover all of your debt to make a profit.
2. Legal action is expensive and can quickly eat into any potential profit that Brachers Solicitors would have made on your case. Getting some money off you is arguably better for them than spending lots of money to compel you to pay.

This all means that you can negotiate a reduced-cost repayment plan, or even lower your outstanding debt balance. I have a free final settlement letter template that you can use if you need some guidance – offering a one-off lump sum could appease Brachers Solicitors so they stop chasing you.

Keep in mind that your credit score might be affected if your settlement offer is accepted. This is because your account will be marked as ‘unsatisfied’ on your credit file which will most likely make you look like a potentially high-risk customer.

How can I contact Brachers Solicitors?