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Individual Voluntary Arrangement (IVA)

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An IVA is a formal debt solution that allows you to repay only as much of your debt as you can afford, with the balance of unsecured debts included in the IVA being written off when the IVA is completed successfully.

What is an Individual Voluntary Arrangement (IVA)?

An IVA is a legally binding arrangement supervised by a licensed insolvency practitioner which allows you to repay what you can afford towards your unsecured debts over a realistic time frame (Usually 5-6 years) with any debts subject to the IVA that are unable to be repaid within the time frame being written off. Our IVA team drafts your IVA proposal which is sent to your creditors for them to consider. The terms of your IVA depend on what you can afford to pay and what your creditors are likely to agree.

The Debt Advisor’s insolvency practitioners are licensed and regulated by the Insolvency Practitioners Association (IPA). We will assist you with preparing your IVA proposal and negotiating the terms of it with your creditors on your behalf. Once your proposal is approved all your creditors subject to the IVA must stop all recovery activities and freeze interest and charges, providing you maintain your obligations as agreed in the terms of the proposal. The Insolvency Practitioners and their team will provide support and guidance for you during the term of your IVA.

To discover more about how to manage your debt and to receive free debt advice visit  www.moneyhelper.org.uk

Is an IVA suitable for me?

An IVA could be appropriate for you if you are struggling to pay your debts in addition to paying day to day living expenses. An IVA will allow you to pay a single monthly affordable payment instead of paying individual payments to all your creditors for a 5 or 6 year period with the unpaid balance being written off when the IVA is successfully completed. The starting point for working out whether an IVA is appropriate is working out what an “affordable” monthly payment would be and also how much you owe to your unsecured creditors.

To qualify for proposing an IVA you must:

  • Live in England, Wales or Northern Ireland.
  • Have a regular source of income.
  • Owe more than £7,000.
  • Have a disposable income, after expenses of at least £100 per month.

Examples of debts which can be included in an IVA are:

  • Credit cards and unsecured loans
  • Debts owed by you and someone else “jointly owed”
  • Monies owed to individuals including friends and family
  • Debts due to HMRC including overpaid benefits, self-assessment tax, VAT
    Arrears of council tax and utilities
  • Trade creditors who supply you if you trade as self-employed
  • Shortfall owed to a mortgagee once a property has been repossessed

Debts that cannot be included in an IVA include:

  • Matrimonial debt – monies owed to an ex-husband or wife that a court has decided should be paid
  • Student debt
  • Court fines or fines for traffic violations

For full debt advice, you can speak to one of our advisors.

Can an IVA stop action by creditors?

Yes, once your IVA is approved by your creditors. Your unsecured creditors included in the IVA are prevented from taking any further action in relation to these debts, even if this is after they have taken court action against you.

IVA’s – The benefits and the risks

The Advantages and disadvantages explained below can help you decide if an IVA is right for you.

Benefits
  • You make affordable monthly payments usually for 5 or 6 years. (If you have a lump sum it is possible to offer a full and final IVA).
  • Unsecured debts included in the IVA remaining after an IVA is successfully completed are written off.
  • Your payments will be reviewed each year to make sure you can still afford them.
  • An IVA can protect your residential property.
  • The Insolvency Practitioner deals with your creditors on your behalf and processes payments to your creditors from your monthly payments.
  • An IVA prevents creditors from taking action or continuing to add further interest or charges to their debt.
  • The IVA gives your Insolvency Practitioner the power to support changes in your circumstances. They can permit payment breaks for short-term changes in circumstances, they can also reduce your payments by up to 20% without seeking further approval from your creditors. They can also propose to vary the terms of your arrangement (Formal variations outside of the Insolvency Practitioner’s discretion may increase the term of your arrangement. All changes to the terms of your arrangement, whether discretionary or non-discretionary will require supporting documents.
Risks
  • If your share of beneficial interest in your residential property is more than £10,000, the term of your IVA will be 72 months instead of 60 months.
  • Remortgaging in the future may attract a higher interest rate.
  • Certain assets may not be protected, such as windfalls, investment properties and savings.
  • The IVA can fail if you do not adhere to the terms of the arrangement. Creditors can then pursue you for the balance and claim backdated outstanding interest and charges.  There is a risk of bankruptcy if the IVA fails. Creditors can even petition for your bankruptcy if you owe an individual creditor more than £5,000.
  • An IVA requires creditors to vote whether to accept, alter or reject the arrangement. Creditors may not accept the IVA.
  • Any debts incurred after the date of approval of your IVA cannot be included in the solution. Any debt excluded from the IVA will remain outstanding.
  • An IVA means you have to live within an agreed budget for the period of the IVA, and you cannot take on new credit without your Supervisor’s consent.
  • Your credit rating will be affected for 6 years, and details of your arrangement are added to the insolvency register; this is a public register.

The Debt Advisor Ltd is authorised and regulated by the Financial Conduct Authority. This means we can offer debt advice and deliver both formal and informal solutions. We are a commercial organisation, and if you choose a solution we provide, we will charge fees for this service. Fees vary dependent upon the choice of solution and will be discussed with you. The Debt Advisor’s Insolvency Practitioners are also independently regulated by the Insolvency Practitioners Association (IPA) to act as both Nominee and Supervisor of your Individual Voluntary Arrangement (IVA).

 The fees and any disbursements (expenses) of an IVA are deducted from your agreed affordable monthly payments. All fees and disbursements are detailed in your proposal and will be discussed with you in detail.

All debt solutions should be very carefully considered. Our team will provide you with appropriate advice, taking into account your circumstances. There are a range of options which include IVADebt ManagementBankruptcyDebt Relief Order, Debt Consolidation through refinancing, all of which are covered on this site.

The IVA Process

IVA terms vary dependent on your personal circumstances. Here are a few examples of typical circumstances and the terms of IVAs which may be approved by creditors

 

Example circumstances Type of Terms proposed
You live in rented accommodation, or you have little equity in your property 60 affordable monthly contributions
You have an interest in your property which after deducting 15% from the value of your property and your secured debt, the balance is £10,000 or higher. 72 affordable monthly contributions.
You cannot afford to make monthly contributions, but you have friends, family, etc, who can introduce a lump sum 6 – 12 month IVA offering lump sum
You are likely to retire in 2 to 3 years and can pay contributions prior to retirement, but then can introduce a lump sum from your pension Proposal which offers a lump sum and contributions
You are self-employed and are able to sell an asset, introduce the funds and pay contributions for a period. Proposals which offer contributions plus funds from the sale of an asset

There may be other options for you to consider such as Debt ManagementBankruptcyDebt Relief Order, and Debt Consolidation through refinancing,

If it has been agreed that an IVA is the most suitable solution for you, your circumstances and proposed repayments are detailed in a document called a proposal. The proposals set out in detail the following:-

  • Your background information and how your situation arose
  • Your assets, including your residential property, cars, etc
  • Your secured Debts (mortgage, secured loans, Higher Purchase)
  • Your unsecured debts (credit cards, loans, tax debts, etc)
  • Your proposals to creditors. For example, 60 monthly contributions of an affordable sum.
  • How your IVA is to be supervised and your obligations
  • What happens if you cannot keep to the terms
  • The fees to be charged
  • How much creditors are likely to be paid

A virtual meeting is then held with your creditors where they are able to vote on whether to accept, alter or reject your proposals – 75% of creditors who vote at the meeting must agree to the proposal in order for the IVA to go-ahead. As long as your proposal demonstrates a genuine desire to repay as much of your debt as you can afford, it is likely that creditors will accept your IVA. It is our role to advise you on what creditors will find acceptable. If there are any issues we believe would cause creditors not to approve the arrangement, then this will be discussed with you.

Once your IVA is approved all interest and charges on your unsecured debts included in the IVA are frozen. If creditors accept that you can only repay a proportion of your remaining debt, the balance of your remaining debt included in the IVA will be written off as long as you keep to the terms of your agreement.

You may also wish to visit our Debt Calculator page to assess your current financial situation.

Important Information

All debt solutions should be very carefully considered. Our team will provide you with appropriate advice taking into account your circumstances. There are a range of options which include IVAs, Debt Management, Bankruptcy, Debt Relief Order, Debt Consolidation through refinancing and Dealing Direct with your Creditors, all of which are covered on this site.

The Debt Advisor Ltd is authorised and regulated by the Financial Conduct Authority. This means we are able to offer debt advice and deliver both formal and informal debt solutions. We are a commercial organisation, and if you choose a solution we provide, fees will apply in relation to the service we provide. Fees vary depending on the solution and will be discussed with you.

Entering a debt solution is likely to mean that your ability to obtain further credit in the short term will be affected and this may also be the case over the medium to long term. Calls to our free phone number from mobile phones and other networks may be charged.

We hope that the information and debt advice on this site including Frequently Asked Questions, will help inform you.

A full and final settlement IVA is a legally binding arrangement with your creditors that allows you to repay a proportion of your debt using a one-off lump sum payment.

Normally the lump sum is raised by remortgaging your property or introducing a lump sum from relatives. For individuals over retirement age, an equity release scheme may be possible although we would recommend you only consider Equity Release Schemes after taking advice from FCA regulated mortgage advisor.

Full and Final Settlement IVA Example

Anthony had amassed £76,586 of debt having gone through a tough divorce. He had been made redundant from a well-paid job and after settling his solicitors’ costs, he had £11,000 remaining. Anthony was looking to set up as a business consultant and at the time his income was erratic.

The TDA team helped put together an IVA proposal which offered £11,000 to settle his debts. Anthony also agreed that if he was entitled to any compensation from mis-sold PPI this would also come into the IVA.

  Bankruptcy IVA
Income Contributions Nil Nil
Balance of Redundancy Funds £11,000 £11,000
Estimated total Costs  £11,000+  £2,265
Dividend to Creditors Nil  12.17p

This solution may be appropriate for individuals who are able to raise a sum of money, but after providing for their reasonable costs of living including their increased mortgage payment, do not have any surplus income. 

Creditors may accept your full and final settlement if we can demonstrate that this offers a better return than bankruptcy. 

The process is much the same as for a normal IVA but the term is usually lower, for example 12 months. See the IVA Process section of our website.

Effect on your credit Rating

An IVA will be on your credit record for six years which is the same length of time that any other adverse credit is recorded. The IVA will also be added to the Insolvency register which is a public register. See the list of risks and benefits above or click here.

The next step

All debt solutions should be very carefully considered. Our team will provide you with the most appropriate advice taking into account your circumstances. There are a range of options which include IVADebt ManagementBankruptcyDebt Relief Order, and debt consolidation, all of which are covered on this site.

Important Information

All debt solutions should be very carefully considered. Fees will be charged if a solution is taken in order for us to set up your plan and maintain it – all fees will be outlined during your consultation. For further information on fees, please see the FAQ section of the different solutions available. Entering into a debt solution is likely to mean that your ability to obtain further credit in the short term will be affected, and this may also be the case over the medium to long term.

Is an IVA suitable for me?

An IVA could be appropriate for you if you are struggling to make the monthly payments that creditors expect. The most compelling benefit of an IVA is that you pay monthly affordable payments for a 5 or 6 year period with the unpaid balance being written off when the IVA is successfully completed. The starting point for working out whether an IVA is appropriate is working out an “affordable” monthly payment would be and also how much you owe to your unsecured creditors.

Examples of unsecured creditors whose debt can be included in an IVA are:

  • Credit cards and unsecured loans
  • Debts owed by you and someone else “jointly owed”
  • Monies owed to individuals including friends and family
  • Debts due to HMR & C including overpaid benefits, self assessment tax, VAT
    Arrears of council tax and utilities
  • Trade creditors who supply you if you trade as self-employed
  • Shortfall once a property has been repossessed

Debts that cannot be included in an IVA include:

  • Matrimonial debt – monies owed to an ex-husband or wife that a court has decided should be paid
  • Student debt
  • Court fines or fines for traffic violations

For full debt advice to discuss whether an IVA would be your best option, you can also speak to one of our advisors.

Can an IVA stop action by creditors?

Yes, but it depends on the action and how far it has gone. We can apply for an “interim order” which prevents creditors from starting or continuing action against you. This includes writs, judgments, charging orders, liability orders and petitions for bankruptcy. It is vital if you are facing action to get in touch immediately. If you leave it too late, we might not have enough time to help you obtain an interim order before the debt becomes charged on your property or you end up bankrupt.

If you are made bankrupt and you have assets, they may be at risk of being sold by your Trustee in Bankruptcy, it is possible to propose an IVA, and if this is agreed by your creditors, your bankruptcy can be cancelled. You will need specialist debt advice on whether this is possible.

IVA’s – The benefits and the risks

Finding the right solution is only possible if a clear picture is available of the short term and long term advantages and disadvantages of an Individual Voluntary Arrangement. An IVA is aimed at getting your unsecured debts paid off in a manner that is affordable but it is a formal and legally binding solution. An IVA is not easy and requires discipline. The Advantages and Disadvantages explained below can help you decide if an IVA is right for you.

The Insolvency Service website has helpful information.

The Insolvency Service website has helpful information  https://www.gov.uk/options-for-paying-off-your-debts/overview to support those who find themselves in financial difficulty.

Operating a self-employed business can be stressful, especially if you have debt problems.

Debts can accumulate for a range of reasons; bad debts, lost contracts, or just poor financial control. The debts may be a combination of business and personal, as often personal loans and credit card debt is accrued trying to support the business. Voluntary Arrangements can be used in a number of ways, which are explained below:

Arrangements based on contributions

The most common IVA involves the trader retaining his or her business assets but instead offering to pay monthly contributions out of future earnings over a fixed period of time, usually 5 years. Where there is a personal property with equity, creditors will expect that a sum is introduced at the end of the arrangement in place of a share of the trader’s equity.

Partners can propose interlocking IVA’s which essentially provide for the partners to make one monthly contribution to settle all debts irrespective of whether the debts are in either partner’s name or owed jointly.

Partnership Voluntary Arrangements “PVA’S”

A partnership that cannot meet its debts can put forward payment proposals on behalf of all it’s partners to repay debts owed by the partnership business. The proposals can be based on the following:-

  •  Contributions only or
  • A lump sum settlement or
  • A combination of contributions and assets realisations.

A PVA is particularly appropriate for partnerships with a large number of partners. The personal assets of the partners are usually excluded and as long as the repayment proposals to creditors are acceptable, it could mean that personal assets do not need to be realised. Depending on the Partnership Deed, it is likely that unanimous approval of all partners is required.

Unlike an Individual Voluntary Arrangement there is no interim order to protect the partnership from creditors taking action. The partnership may have to consider applying for a Partnership Administration Order to gain the necessary protection. This is a court led procedure which is appropriate for trading partnerships where it is appropriate to salvage the business and protection is needed from creditor action.

There are other options for partnerships including debt consolidation and bankruptcy. Do give us a call, we will be pleased to explain IVAs and advise on all relevant solutions.

Any charges for the progression of an IVA are approved upfront with yourself and your creditors. Missed payments can bring your IVA to an end and could result in bankruptcy. Your home is at risk if your IVA fails.

The next step

The Debt Advisor Ltd is authorised and regulated by The Financial Conduct Authority. This means we are able to offer debt advice and deliver both formal and informal debt solutions. We are a commercial organisation and if you choose a solution we provide, fees will apply in relation to the service we provide. Fees vary dependent upon solution and will be discussed with you.

All debt solutions should be very carefully considered. Our team will provide you with appropriate advice taking into account your circumstances.

There are a range of options which include IVADebt ManagementBankruptcyDebt Relief Order, Debt Consolidation through refinancing all of which are covered on this site.

You have the right to a cooling-off period of 14 days. It is likely that your ability to obtain further credit in the short term will be affected and this may also be the case over the medium to long term. Calls to our free
phone number from mobile phones and other networks may be charged.

The protocol aimed to simplify the IVA process, but particularly to help make the process as fair as possible for both consumers and creditors.

The protocol terms and standard conditions are reviewed by an independent committee, The IVA Standing Committee who ensure that Protocol Compliant IVA’s remain fair and workable.

The Debt Advisor uses the Protocol terms for consumer IVA’s. We also use protocol terms for IVA’s for self-employed however, generally, these IVA’s are not protocol compliant. See the protocol here.

Guidance to support the IVA protocol

To view the R3 standard Terms and Conditions, please click here.

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