IVAs
An IVA (Individual Voluntary Arrangement) is
a formal agreement with your creditors to
settle your debt over a fixed period
(generally 5 years) with interest frozen. An
IVA can be a powerful way to wipe the slate
clean and clear your debts.
What Is An IVA?
An Individual Voluntary Arrangement (IVA) is
a formal legally-binding debt solution – an
agreed arrangement between you and your
creditors (the people you owe money to). An
IVA essentially means that you are reaching
a compromise with creditors to avoid the
consequences of bankruptcy. It allows
someone who is in financial difficulty to
make a formal proposal to settle his/her
debts within a reasonable and fixed period
of time. This period is normally no longer
than 5 years. The repayment proposal
arrangement involves making reduced payments
toward your total debt in order to pay an
agreed percentage of it. The repayment
proposal is based on what you can afford to
pay and, after you have paid for the time
agreed, your debt will be settled in full.
Creditors prefer debtors to take out an IVA
as it means the debtor can pay a larger
contribution towards the debt than could
otherwise be expected were the debtor to be
made bankrupt.
Once agreed, an IVA also prevents
creditors from adding any further interest
to your accounts or taking any further
action such as County Court Judgements,
thereby adding additional protection to you.
An IVA can be seen as a win-win solution
for both debtor (you) and creditor (those
you owe money to). Preferable to bankruptcy
for creditors who try to avoid bankruptcy
petitions due to the high fees. Unless
significant assets are likely to be realised
within the bankruptcy, there is often little
left for the creditors. They’d rather get
some of their money back than none. While
many people in debt would rather secure
their home and/or business and pay off more
of their debt (but a far reduced amount)
than file for bankruptcy and have to cease
trading/possibly lose their home
As a formal agreement, an Individual
Voluntary Arrangement (IVA) must be set up
by a licensed professional. A licensed
Insolvency Practitioner (IP) will set up the
IVA and present it to creditors at a
creditors meeting. Once the arrangement is
accepted the Insolvency Practitioner will
then support and supervise the debtor to
ensure the IVAs terms and conditions are
met.
Unlike many companies,
Debt Help UK does not charge upfront
fees for putting together an IVA.
Not sure what to do? Try our
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you.
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Why use an INDIVIDUAL VOLUNTARY
ARRANGEMENT (IVA)?
Reduce the amount that you pay back in a
legally binding way
Stop any further interest charges
Reduce your monthly repayments and be left
with more money each month.
Become debt free within 5 years. Most IVA
cases are based on one affordable monthly
payment, over a 60 month period. Once
successfully completed, the debtor is
debt-free even though they may not have paid
their debts off in full. Any outstanding
debts are written off so the debtor can
start a fresh debt-free.
IVA Debt Solution
The problem with many debt solutions is
that most are not legally binding. This
means that although they may greatly reduce
your repayments each month, you will still
have to pay all of your debt back. Have you
ever stopped to wonder just how long this
will take?
For example, if you owe £15,000 and normally
repay this at the rate of £250/mth, you will
be repaying this debt for 5 years. However,
if you reduce your monthly repayments to
£120/mth to fit your budget, you will be
repaying your debt for at least 10 years
and, even this is not a guaranteed length of
time, because additional interest and
charges may be added. This means that there
is no light at the end of the tunnel.
However, with an IVA, you can clear a
percentage of your total debts in five years
with interest rates frozen.
Who can use an IVA?
The suitability of the IVA solution will
depend on your personal circumstances.
Normally your personal debts must be above
£15,000 with 4 or more different creditors.
You must also be able to offer a reasonable
monthly payment to your creditors. This will
vary depending on the debt. However, as a
minimum you will need to be able to afford
at least £200/mth.
Any individual, sole trader or partner can
use an IVA if they are under pressure from
creditors. Some people who own their own
homes will use an IVA in order to avoid the
possibility of losing it if made bankrupt.
Partners and sole traders experiencing
business problems might also use an IVA to
secure their businesses survival if they are
sure of its future profitability. An IVA
simply means they can generate income
towards repayment to creditors which would
otherwise have to call upon the personal
assets of the individual. It also enables
the business to continue trading, something
that bankruptcy would not enable.
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You only pay
back a
percentage
of your
debts. If
you follow
the agreed
terms, you
will be debt
free in 5
years time.
Up
to 75% of
your debt
may be
written off.
This is a
legally
binding
solution so
no further
interest or
charges can
be added to
the debt.
Enforced by
law
creditors
can’t change
their mind
once they’ve
agreed. You
also get
protection
against
possible
court
action.
Agreed
monthly
payment
plans will
remain fixed
unless your
income level
dramatically
increases.
It is a
private
agreement –
only you,
your advisor
and your
creditors
need know
about it.
There is no
publicity in
the local
papers, as
is the case
for
bankruptcy.
You can
continue to
practise as
a
professional
person (i.e.
accountant,
solicitor,
doctor etc)
or as a
director of
a company
and can hold
public
office, as
an IVA does
not affect
your
professional
status.
You can open
a regular
bank
account,
without an
overdraft
facility and
have
no/fewer
credit
restrictions
than if you
go bankrupt.
You can
safeguard
your
property, as
the
proposals
can be made
flexible to
suit
personal
circumstances.
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If you have
equity in
your house,
an endowment
policy
linked to
your
mortgage, or
valuable
assets you
may be
required to
release them
in to pay
your
creditors.
(This is
usually done
near the end
of the
arrangement).
However this
is
preferable
to
repossession
and enables
you to
safeguard
and retain
your home.
Normally, an
IVA cannot
be used if
your total
debts are
under
£15,000.
You must be
able to
afford to
make an
offer of
repayment to
your
creditors.
Generally
you need to
be able to
afford
monthly
payments of
£200 or more
If you fail
to keep up
the payments
set out in
the
agreement,
your
creditors
WILL be able
to take
other action
against you,
which could
result in
bankruptcy,
and your
home could
still be at
risk if not
specifically
excluded
from your
IVA
proposals.
In their
bargain to
allow you to
avoid
bankruptcy,
IVAs are
expected to
be for a
longer
period than
bankruptcy
(ie 5
years).
People who
go bankrupt
can be
discharged
from
bankruptcy
within
between 1
and 3 years.
So it takes
longer to be
debt-free.
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IVA Dos and Don’ts
DO Remember, an Individual Voluntary
Arrangement (IVA) is be legally binding. As
long as you keep up the repayments, when the
term of your agreement is finished, you will
be free from these debts regardless of how
much has been paid off. During the period of
your arrangement your financial situation
will be reviewed regularly to see if there
has been any change in your circumstances.
DO make sure your IVA
offers a better return to creditors than
they’d get if they were to petition for your
bankruptcy.
DO be honest about what
assets and earnings you have/will make.
False declarations can affect the success of
the IVA.
DO NOT confuse an
Individual Voluntary Arrangement (IVA) with
an Informal Debt Management Plan, which is
not legally binding.
Not sure what to do? Try our
debt wizard to find the right solution for
you.
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