What is an Administration Order?
An Administration Order is a debt solution for people who have at least one county court or High Court judgment against them which they can’t pay in full. An application is made to your local county court and they will decide whether to grant the order.
If the Order is granted all the creditors declared in your application are dealt with together and one monthly payment is made to the local court who will distribute it to the unsecured creditors. The creditors listed on the Administration Order cannot take any further action against them without the Court’s permission.
To apply for an administration order, you must:
- Have at least one county court or High Court judgment against you, which you can’t pay in full
- Have total debts of less than £5,000
- Owe money to at least 2 creditors
- Prove you have enough surplus income to afford regular repayments
Administration Order Process
To get an Administration Order, you must fill out the N92 form that can be found on the gov.uk website and return it to your local court.
The court will decide:
- The amount of debt you have to repay
- The amount of your monthly repayments
- The length of time it will take for you to complete the repayments
It is expected that you will be able to pay off your debts in a ‘reasonable time’. If you cannot pay off your debt in a ‘reasonable time’, a district judge could suggest, or you could ask them to consider, a ‘composition order’, which would write off some of the debt.
A court fee is payable each time you make a payment. However, this can’t be more than 10% of your total debt. For example, if you owe £3,500, it can’t be more than £350 in total.
Your Administration Order is added to the Register of Judgments, Orders and Fines. It will stay there for 6 years.
When you have paid off all your debts in full, it is marked ‘satisfied’. You can also pay £15 for a ‘certificate of satisfaction’. To do this, you must write to the court and send a cheque made payable to ‘Her Majesty’s Courts and Tribunal Service’.
What Debts Can Be Included?
All your debts will be included in your Administration Order, any mortgage or rent arrears will be added to it when you apply.
However, this will not prevent a landlord or mortgage lender from repossessing your home.
As such, it is often best to ask the court to leave out the mortgage and rent arrears from the administration order. Many courts allow this, so it is worth asking in your application.
Some social landlords, such as a housing association, are happy for their rent arrears to be added to an Administration Order, but this makes it less likely that you will be able to get any of your debt written off in a composition order.
If you are hoping for a composition order, it is advisable that you ask the court to leave out your rent arrears, and come to an agreement with your landlord separately.
Administration Order Advantages
- Having one monthly payment to one organisation is a lot easier than several payments to a number of creditors. This will free up your time and effort, and could reduce your stress
- Once your Administration Order is in effect, the creditors listed on the Order cannot take any further action against you without the Court’s permission
Administration Order Disadvantages
- This debt solution is only available for people who have at least one court judgment against them and have under £5,000 of debt
- If you don’t keep up repayments, the court can apply an ‘attachment of earnings order’, which will allow them to take money directly from your wages or cancel the arrangement
- By being added to the Register of Judgments, Orders and Fines, you could be affecting your credit score which will make it more difficult to get credit in the future. However, it should be noted that you are entered onto this register through having first had a county court judgment or High Court Judgement made against you anyway which will already be on the register and will have already affected your credit score.
- There are costs payable of up to 10% of your debt level
Life with an Administration Order
If creditors are still contacting you and they are listed on the Administration Order, you should tell them that they are no longer allowed to contact you. If it persists, tell the court If you have forgotten a creditor, they can be added to the order. However, there is a risk that the court will not accept the new creditor and could revoke your Administration Order
Sometimes your circumstances change, for example, you might lose your job. If this should happen, you should tell the Court immediately. You may ask them to review the order so that you pay lower monthly amounts, or ask for a composition order which will write off some of your debts If you miss two payments in a row, the court is likely to revoke or review the Administration Order.
They will notify you of this by sending you a ‘notice of intention’. You must reply within 14 days, or your order will be revoked If your Administration Order is revoked, your creditors are free to contact you again.
They could add backdated interest, and begin enforcement action such as bailiffs. If your order is revoked, you should contact your creditors as soon as possible to arrange repayment
Get Help & Advice
The Administration Order can be a very manageable solution for people who have a court judgement against them. However, our advice would be to try and get control of your debts before this happens.
If you are in debt and would like some advice on which debt solution is best for you, please call us on: 0808 253 3433 or text ‘ADVICE’ to 60060.