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Types of debt

The kind of debt you owe decides what a creditor can do if you fall behind and which solutions can deal with it. Start with the debts that put your home, your energy supply or your income at risk.

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Most people who are struggling owe several kinds of debt at once: a credit card, a catalogue, some council tax, perhaps a loan from a friend. The law treats these very differently. Knowing which kind you have tells you what the creditor can do if you stop paying, which debts to deal with first, and which debt solutions can include them.

Which debts are priority debts?

Priority debts are the ones where not paying has the most serious consequences: losing your home, losing your energy supply, or the creditor having fast routes to bailiffs or to deductions from your wages or benefits. They usually include:

  • rent and mortgage arrears
  • council tax arrears (domestic rates in Northern Ireland)
  • gas and electricity arrears
  • magistrates’ court fines
  • child maintenance
  • TV licence
  • tax owed to HMRC
  • hire purchase for something you need, such as a car you use for work

Non-priority debts include credit and store cards, catalogues, personal and payday loans, overdrafts, buy now pay later and money owed to friends or family. In England and Wales, water arrears are usually non-priority too, because a water company cannot cut off a home. For non-priority debts, a creditor has to take you to court and get a judgment before it can use bailiffs. The most common mistake is paying whoever chases hardest and letting the rent or council tax slip. Priority and non-priority debts explains the difference in more detail.

Why does the type of debt change your options?

Three things change from one kind of debt to another.

  • What the creditor can do. A council can get a liability order from the magistrates’ court and then use bailiffs or take money from your wages or benefits. An energy supplier can, under strict rules, move you to a prepayment meter. A landlord can go to court for possession. A card lender has to get a county court judgment first.
  • Which rules protect you. Lenders regulated by the Financial Conduct Authority must treat people in arrears with forbearance and due consideration, which can mean freezing interest or accepting lower payments. Energy suppliers follow Ofgem’s rules, and councils follow the council tax regulations.
  • Whether a debt solution can include it. Most unsecured debts can go into an IVA, a debt relief order (DRO) or bankruptcy. A few cannot, and some keep their force even when they are included.

Which debts can go into an IVA, DRO or bankruptcy?

This summary is for England and Wales. Northern Ireland has its own IVAs, DROs and bankruptcy with similar rules. Scotland has no IVAs or DROs: see debt solutions in Scotland.

DebtIVADROBankruptcy
Credit and store cards, catalogues, loans, overdrafts, payday loans, buy now pay laterYesYesYes
Council tax arrearsYesYesYes
Gas, electricity and water arrearsYesYesYes
Rent arrearsOnly if the landlord agrees, which is unusualYes, but the landlord can still seek possessionYes, but the landlord can still seek possession
Magistrates’ court finesNoNoNo, fines are not released
Student loansNoNoNo
Child maintenance arrearsNoNoUsually not
Mortgages and secured loansOnly if the lender agrees, which is rareNoNo, the lender can still rely on its security

Any solution deals with what you owe when it starts, not with bills that fall due afterwards, so your current rent, council tax and energy still have to be paid. For the detail on IVAs, see what debts can and cannot go into an IVA. To compare the solutions themselves, including costs and effects on your home, see debt solutions compared.

A Breathing Space is different again. It pauses most creditor action and freezes interest and charges on most debts for up to 60 days while you get advice. It does not cover court fines or student loans, and it covers council tax only once it is in arrears.

How this section is organised

The guides below are grouped by the kind of debt:

  • Household bills: council tax arrears and liability orders, rent arrears, and gas, electricity and water.
  • Borrowing: credit cards, payday loans, buy now pay later, catalogues and store cards, and loan sharks. If you have borrowed from an unlicensed lender and feel unsafe, read borrowed from a loan shark? first.
  • Tax, benefits and fines: HMRC, DWP debt recovery, benefit overpayments, court fines and student loans.
  • Other situations: gambling, business debts, and what happens to debt when someone dies.

Each guide says whether the debt is a priority, what the creditor can do, and whether it can go into an IVA, DRO or bankruptcy. Free, impartial debt advice is available from MoneyHelper, StepChange, Citizens Advice and National Debtline, and an adviser can look at all your debts together: see where to get free debt advice.

Not sure which option fits? Answer a few questions and we can point you in the right direction. It takes about 3 minutes, and it is free and confidential.

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Common questions

Is council tax a priority debt even if I owe a lot on credit cards?

Yes. Council tax arrears can lead to bailiffs, deductions from your wages or benefits and, in England, prison in rare cases. Card lenders have to go to court first, so council tax usually comes before them.

Can one debt solution deal with all my debts?

Often most of them, but rarely all. Fines, student loans, child maintenance and secured debts are usually left out, and rent arrears need special care, so check each debt with a debt adviser.

Do I have to keep paying my current bills in a debt solution?

Yes. An IVA, DRO or bankruptcy deals with what you owe at the start. Rent, council tax, energy and other bills that fall due afterwards still have to be paid.