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What is an IVA.

An IVA is a legal process introduced in 1986 as part of the insolvency act that allows a person struggling with debt the opportunity to make a formal proposal to their creditors in order to clear their debt. The purpose of an IVA proposal is to demonstrate to creditors that it would be of greater benefit to themselves and the debtor, in comparison to the debtor being made bankrupt. A creditors meeting is held and if the proposals being made are accepted by the required majority of creditors then they become legally binding on all creditors notified of the proposal. Once accepted, creditors have no alternative but to stop any further interest and charges accruing on the outstanding debts. The benefits of an IVA are...

  • You're GUARANTEED debt free in 60 months
  • It wipes up to 75% off all un-secured debt
  • It allows one affordable monthly payment
  • All interest FROZEN and charges STOPPED
  • Tenants & Homeowners are able to apply
  • It relieves pressure and you regain control

Upon the successful completion of the IVA the debtor will be considered debt free even though they may not have actually paid off all of their debts in full. Any outstanding balances are written off (known as a composition of debts) and the debtor is then free to make a fresh financial start. Call us now on 0800 088 7505 to find out more.

Who can enter an IVA?

Because of the costs involved, it is only practical for people whose debts exceed £15,000.

Will I lose my house?

No. But should you have equity in your house then this will be taken into account at some time during the arrangement (usually at the end). If there is a joint owner of the property and this person is not party to the debts in the arrangement then their share of the equity does not have to be included in any offer to creditors.

Can I stay in business?

Unlike being declared bankrupt, there's no limit on your business activities.

I am a professional person-will it affect my position?

No, not at all. People from all walks of life are eligible to enter into an IVA with their creditors without prejudicing their employment.

Will it become public knowledge?

No, it is very confidential. Only your creditors will be aware of your position: In fact even your spouse needn't know, although we would normally advise you to tell them and so clear the air. It can be very hard living with a secret.

How long does an IVA last?

An IVA normally lasts for five years but this time can become shorter depending on individual circumstances.

Which creditors can be included in an IVA?

Creditors that can be included are: banks, finance companies, credit, store and charge card companies, HM Customs and Excise (VAT), Inland Revenue and even loans from friends and family. However, you cannot include your mortgage, hire purchase, student loans, fines, debts incurred through fraud, maintenance/child support arrears.

Can I enter into an IVA if I have already received a Statutory Demand?

Yes. If the Official Receiver considers that an IVA is more appropriate.

Can I obtain an IVA if a Bankruptcy Order has been made against me?

Yes. It is possible to annul a bankruptcy in favor of an IVA.

What happens if I don't keep up the payments on my IVA?

If you default on your payments, the supervisor of an IVA can initiate bankruptcy proceedings against you.

What happens once I finish paying my IVA?

At the end of the process the Insolvency Practitioner will issue you with a 'Statement of Completion', typically within 3 months of the final payment. The Insolvency Practitioner will also send a copy of this to the Insolvency Service so that they can amend their records.

Can I enter an IVA if I already have CCJs against me?

You are not prohibited from entering into an IVA if you have ccj's against you.

Does it make a difference if I am a homeowner?

It makes no difference whether you are a tenant or homeowner or if you are still living with your parents.

Do I have to tell my partner?

You do not have to tell your partner if you are entering into an IVA but it is more realistic to think they will probably find out at some stage.

Does an IVA cover all of my debts?

An IVA can only cover your unsecured debts and arrears.

What is the difference between a secured and unsecured debt?

A secured debt is a debt secured against an asset that you own. Typical secured debts will be a mortgage, a secured loan, a car loan, etc. An unsecured loan is any loan not secured on an asset, such as a bank overdraft, a personal loan, a credit card, store card, etc.

Do creditors have to accept an IVA?

The decision to accept or reject an IVA is made by your creditors at a creditors meeting. You need to have 75% of the value of those that vote accept the offer being made for the IVA to go ahead. If this figure is not achieved then the IVA will fail.

 

Will the IVA prevent my creditors taking further recovery action?

Yes. Once the IVA is in place, you are protected from further recovery action by your unsecured creditors.

What if my circumstances change?

If you are unable to maintain repayments because of changed circumstances, your supervisor in the IVA can request a variation to reflect your new circumstances. Likewise if you have good fortune you will be obliged to tell your supervisor.

Can I cancel the IVA once it is set up?

No. An IVA is a legal process and, once it is set up, you cannot just cancel it if you change your mind.

What happens if I just stop paying into the IVA?

If you fail to keep to the arrangement, your supervisor in the IVA has the right to file for your bankruptcy.

How long does it take to set up an IVA?

It takes typically between 6 and 8 weeks to set up an IVA.

Will interest and other charges be frozen while the IVA is being set up?

No, but any interest and charges will be included in the IVA if it is approved.

Can a creditor take further recovery action before the IVA is approved?

Yes, but you can apply to the courts for an Interim Order to stop any of your creditors taking further recovery action until the outcome of your creditors meeting is known.

What happens if the IVA is not approved?

You will have to come to an informal arrangement with you creditors to repay your debts or declare yourself bankrupt.