What-Options-Do-Sole-Traders-Have-When-Their-Business-Is-Struggling

Starting as a sole trader is one of the simplest ways to begin a business. Yet, if your business faces challenges, the financial impact can be more severe for a sole trader compared to a director of a limited company.

As a sole trader, you may be personally responsible for any debts your company accumulates. It’s crucial to stay on track with your finances. 

If your business faces difficulties, address them promptly. Whether it’s financial challenges or official insolvency, there are various options available to you.

Understanding what actions to take and the process involved can appear quite intricate. We strongly advise seeking professional guidance from a business turnaround and insolvency expert, like those at Vanguard Insolvency

With nearly 30 years of assisting struggling businesses, our experts will thoroughly evaluate and comprehend your situation before guiding you through available options. Reach out to us for a complimentary same-day meeting.

 

Informal Creditor Agreement

If your debts are modest and you can demonstrate that you are facing temporary financial challenges, you might contact your creditors directly. 

Discuss the possibility of adjusting the repayment terms, such as taking a payment break or extending the repayment period. Keep in mind, though, that this may lead to increased interest amounts.

 

Full and Final Settlement Offer

In certain situations, you might propose a lump sum to your creditors, which may not cover the full debt but could be accepted as a final payment to close the debt. 

However, creditors are not obligated to agree to this. If they do, it can be an informal arrangement, or you may opt for an official solicitor’s letter. Both parties would sign this letter, confirming that the offer settles the debt.

 

Time To Pay Arrangement (HMRC)

This arrangement applies solely to HMRC debts like tax, national insurance, PAYE, or VAT. Promptly contact HMRC when an issue arises

Depending on your past payment history, HMRC may permit you to enter a Time To Pay (TTP) arrangement. Typically, this lets you settle the owed amount in twelve monthly instalments, though alternative payment terms may be negotiated in certain situations.

 

Debt Management Plan

A debt management plan is an informal agreement administered by a licensed debt management company. It enables you to make a smaller monthly payment directly to the debt management company, which is then distributed among your creditors. 

This plan can enhance your cash flow and alleviate creditor pressure. However, since it is informal, creditors are not obligated to agree, and they may still pursue full payment of your debt in the future.

As a sole trader, you can incorporate both business and personal debts into a debt management order, excluding secured debts like your mortgage.

 

Individual Voluntary Arrangement (IVA)

An IVA is the formal counterpart of a debt management plan. Administered by an Insolvency Practitioner, you make a single affordable monthly payment. The practitioner contacts your creditors and allocates these payments over 5 or 6 years, after which any remaining debt is written off.

An IVA covers both your business and personal debts, preventing creditors from pursuing further action against you. Legally, you can continue trading while under an IVA.

 

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Bankruptcy

Declaring bankruptcy is a serious measure for handling business debts as a sole trader, yet it may be the only option if there are no other means to manage your debt. Once declared bankrupt, you are no longer responsible for any business or personal debts.

Nevertheless, most of your business and personal assets will be sold to settle as much debt as possible. After a typically one-year period, you will be discharged from bankruptcy, but it remains on your credit record for at least six years. This makes obtaining any form of credit challenging and continuing self-employment very difficult during this time.

If your business faces financial challenges, the initial step is to promptly contact a financial professional. Vanguard Insolvency has been providing advice to financially distressed companies for almost 30 years and has expertise in handling various financial issues.

Get in touch today to initiate the first step in regaining control of your finances. If you’re in Scotland, we recommend contacting Scotland Debt Solutions, and for Northern Ireland, please reach out to Northern Ireland Debt Solutions. 

Both have extensive experience in assisting individuals with debt issues. Our widespread office network includes 100+ offices across the UK, providing a partner-led service that offers immediate director advice and support.

Senior Partner at Vanguard Insolvency Practitioners | Website | + posts

I am an insolvency professional with a distinguished career specialising in commercial insolvency, adeptly navigating Creditors Voluntary Liquidation, Company Voluntary Arrangements, and Company Administrations. With a comprehensive understanding of insolvency laws and an unwavering commitment to ethical practices.