Requesting a Mortgage Arrears Repayment Plan
If you have fallen behind on your mortgage, proposing a formal repayment plan is often the best way to stop legal action. This involves offering to pay your normal monthly mortgage payment plus a small amount towards the arrears.
Lenders prefer a sustainable plan over repossession. The key is to show that your offer is affordable and realistic based on your income and expenditure.
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What This Means
- Assessment: The lender will review your income and expenses to see if the plan is viable.
- Suspension of Action: If accepted, they should suspend any possession proceedings as long as you stick to the plan.
- Duration: Plans typically last 12-24 months, or sometimes the remaining term of the mortgage (capitalisation).
Your Rights (CONC)
Under the Pre-Action Protocol for Possession Claims:
- Consideration: Lenders must consider reasonable proposals for payment.
- Explanation: If they reject your proposal, they must explain why in writing within 10 working days.
- Flexibility: They should consider extending the mortgage term or changing the payment date if it helps.
Steps You Can Take
- Calculate Your Budget: Use our Budget Balancer to find exactly how much extra you can afford.
- Make the Offer: Contact your lender. Say: "I can pay my monthly instalment of £X plus £Y towards the arrears."
- Put it in Writing: Follow up your call with a letter or email detailing the offer. Use our Document Generator.
- Start Paying: Even if they haven't formally agreed yet, start paying the offered amount immediately to show goodwill.
- Keep Records: Keep copies of all correspondence and proof of payments.
Risks to Be Aware Of
- Rejection: If the lender thinks the plan isn't affordable, they may refuse.
- Broken Arrangement: Missing a payment on the plan can lead to immediate legal action.
- Interest: You will still pay interest on the arrears until they are cleared.
Understanding Universal Consumer Rights
Regardless of the specific scenario, creditors and debt collectors in the UK must adhere strictly to the Financial Conduct Authority (FCA) CONC rules when pursuing outstanding debts. This regulatory framework ensures you are treated fairly and not subjected to undue pressure.
You have the legal right to request that a creditor only contacts you in writing, which can help alleviate stress and stop harassing phone calls. If you choose to appoint a regulated debt advisor, creditors must communicate directly with them on your behalf. Furthermore, under FCA guidance (FG21/1), if you are experiencing a mental health crisis, financial hardship, or are otherwise vulnerable, creditors have a legal obligation to adapt their approach, suspend collections, and allow you time to seek help. For more specialized guidance, visit our Mental Health & Money Hub.
Your Debt Solution Options
If you are unable to repay what you owe, you may be eligible for a formal or informal debt solution. Choosing the right path depends on your income, assets, and the total amount you owe. Common options include:
- Breathing Space: A government scheme offering 60 days of legal protection from creditor enforcement and frozen interest while you seek professional advice. Learn more about government debt help.
- Debt Management Plan (DMP): An informal arrangement where you make a single, affordable monthly payment to your creditors. Find out if a Debt Management Programme is right for you.
- Individual Voluntary Arrangement (IVA): A formal, legally binding agreement to repay a portion of your debts over typically 5 to 6 years, with the remainder written off. Read our IVA explained guide.
- Debt Relief Order (DRO): Aimed at individuals with qualifying debts under £50,000, minimal assets, and low disposable income. The application fee is £0. See our DRO explained guide.
- Bankruptcy: A formal insolvency route for those who cannot reasonably repay their debts, usually resulting in discharge after 12 months, though it may involve selling high-value assets. Read more in Bankruptcy explained.
- Full and Final Settlement: Negotiating a lump sum payment to clear the debt for less than the full balance. You can draft settlement offers using our document generator.
Getting Free Help
You do not have to pay for high-quality debt advice. In the UK, there are several outstanding charities and organisations that provide free debt advice. Organisations like StepChange, National Debtline, Citizens Advice, and MoneyHelper are all highly experienced, impartial, and FCA-regulated.
Speaking to a professional can help you structure a manageable budget, protect your home, and prevent creditors from taking legal action against you.
Taking Action Now
Taking proactive steps is the best way to regain control over your financial situation. Here are practical tools you can use right away:
- Use our free document generator to create legally sound letters for holding off creditors, requesting information, or offering settlements.
- Keep a precise record of all creditor communications using our letter tracker.
- Understand your exact affordability by creating a realistic household budget with our budget balancer.
- If you need a comprehensive overview of your options, complete a full debt assessment.
- Once you're back on track, you can start rebuilding your financial standing via our credit rebuilders hub.
Need Free Advice?
For free, confidential, and impartial debt advice, you can contact MoneyHelper.
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Disclaimer: Information only — not regulated debt advice. All regulated services are delivered by FCA-authorised partners.