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Before and After IVA
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Learn More About An IVA
An Individual Voluntary Arrangement (IVA) is a debt solution where you agree with your creditors to pay all or part of your debts. This agreement is set up and managed by an Insolvency Practitioner (IP), who will receive an agreed, affordable monthly IVA repayment from you and will divide it amongst your creditors.
Once your IVA has been agreed and set up, your creditors can no longer act against you and won’t be able to contact you, but it will affect your credit rating for six years, making it difficult to get further credit during this period. Your details will also be placed on The Register of Insolvencies, which is a public record, while you clear your debts.
For the duration of your IVA, all fees and interest relating to your debt is frozen and once completed, the remainder of your debt is written off, allowing you to begin again, debt free.
This agreement is available to residents of England, Wales and Northern Ireland. If you live in Scotland, then you could pursue an agreement called a Trust Deed to help you with your debt.
Shortly after filling in our online form, a member of our team will contact you. Our experienced advisors will be able to guide you through your options, ensuring that, even if we cannot help you ourselves, we will always strive to point you in the right direction of help appropriate to your personal circumstances. It is important to us that you receive the best debt help and advice possible, ensuring you have the best possible chance of successful debt management.
After you have spoken to a member of our team and decided that an IVA is the best option for you, your application will be passed over to an IVA Drafter. At this stage of the process, all of your personal and financial details will be gathered in order to create your IVA Proposal.
Your IVA Proposal is a formal document that is sent to your creditors. This gives your creditors a complete picture of your financial circumstances.
During the IVA application process, there are several documents that we will request.
We will ask you to provide:
- Photo ID
- Rent Agreement or Mortgage Statement
- Latest 3 Months of wage slips
- Latest 3 months of bank statements
- Council Tax and Utility bills
- HP agreement if appropriate
- Details of the debts to be included in the IVA plus recent statements from any other creditors you may have.
- Which information you are asked for will largely depend on your personal circumstances and as such, the above list is to be used purely as a guide.
There will also be a discussion regarding your other living expenses, such as food bills and travel expenses. This allows your IVA Drafter to determine your affordability, ensuring you don’t commit to an IVA that isn’t appropriate for you.
Once all of the information has been gathered, your IVA Drafter will then ‘draft’ your IVA. This means that they will raise the legal documentation.
The Drafter will check through the information you have provided and will ensure that everything is in order to successfully proceed with your proposal, including making sure that all the evidence of your circumstances are available should your creditors request more details.
The Meeting of Creditors (MOC)
The Meeting of Creditors (MOC) is the process by which your creditors vote in favour of, or against your IVA Proposal.
It isn’t an actual meeting, but instead refers to a period of time in which they have to respond to the proposal.
All of the creditors included in the IVA are entitled to vote, however they do not have to. In fact, any creditors that choose not to vote are in effect, agreeing to the proposal. So, any creditors who do wish to reject the IVA Proposal, must actually vote against it.
The IVA Proposal needs 75% of the creditors to vote in favour to be accepted.
Enough creditors to vote in favour who make up 75% of the overall debt amount.
Once the proposal has been accepted, the IVA becomes binding for all of the creditors involved, regardless of whether they voted for or against.
What Can Go Wrong with My Proposal?
Of course, there are circumstances where creditors do vote against an IVA Proposal and it does get rejected, however many IVA companies get to know the habits and behaviours of creditor companies and are often able to predict when this might happen, allowing them to modify the proposal accordingly.
Creditors will occasionally question any spending that is above government parameters. This means that if your food bill is higher than average, your creditors may require justification for this.
In some circumstance, creditors may request that modifications be made to the proposal, so instead of it being rejected out of hand, it can just be changed.
An IVA typically lasts for 60 months or 5 years, but in some cases, this can be extended. It is possible to get your IVA cleared in a shorter time by initially providing a lump sum of money.
An Individual Voluntary Arrangement (IVA) is a legally binding agreement between an individual and their creditors to repay a portion of their debts over a specified period, usually five to six years. While IVAs are primarily associated with unsecured debts, not all types of debt can be included. Here are the types of debt that can typically be included in an IVA:
Credit Cards and Store Cards: These are common types of unsecured debts that can be included in an IVA. The outstanding balances, interest, and charges can be included in the repayment plan.
Personal Loans: Whether they are bank loans, payday loans, or loans from family and friends, personal loans can be included in an IVA. The repayment terms can be renegotiated within the framework of the arrangement.
Overdrafts: Overdraft debts, including any fees and charges, can usually be included in an IVA. This allows individuals to manage their overdraft repayments more effectively.
Catalogue Debts: Debts owed to mail-order catalogues or online shopping accounts can be included in an IVA. The outstanding balances can be consolidated and repaid through the arrangement.
Utility Bills: While utility bills like gas, electricity, and water are not typically included in an IVA, arrears or outstanding balances owed to utility providers can be incorporated into the arrangement.
It’s important to note that certain types of debt cannot be included in an IVA. These include mortgage payments, hire purchase agreements, court fines, child support payments, and student loans (in most cases). Additionally, secured debts, such as a mortgage or car loan, are not typically included, as they are tied to specific assets that can be repossessed by creditors if payments are not made.
Whilst you can submit your details via our online form along with information about your debt, income and expenditure via our optional online form, sent once you have submitted your details, it is not possible to take your application further than that without speaking to one of our advisors over the ohone
Before making the decision to enter an IVA, it’s essential to understand the following points:
- Your credit score will be impacted.
- Homeowners might need to release equity from their property as the arrangement concludes.
- Only the unsecured debts incorporated in the IVA will be waived at its termination.
- Your IVA will be documented on a publicly accessible registry.
This list is not comprehensive, and there are additional factors to consider before opting for an IVA. An advisor will ensure that you are well-informed about the pros and cons, aiding you in making a well informed decision.