IVA – What You Need To Know

INDIVIDUAL VOLUNTARY ARRANGEMENT (IVA): WHAT YOU NEED TO KNOW

IVA stands for individual voluntary arrangement and is a form of insolvency. It is an arrangement between you and your creditors that consolidates your debts into one monthly affordable repayment, at the end of your IVA which is usually 5 years any debt which is remaining will automatically be written off. An IVA is a formal debt solution meaning it is legally binding, approved by the court and your creditors must abide by the agreement.

IVA’s were introduced by the Government in the 1986 Insolvency Act as an alternative to bankruptcy. They were meant to help people whose income or assets could cause them to be vulnerable to the bankruptcy process.  For an IVA to be legally binding all your creditors, must vote to determine how many are prepared to accept your proposed arrangement.

If 75% of your creditors accept your proposal, then they will all become legally bound by the arrangement. Even creditors who voted to reject your proposal will be legally bound to its terms. Under the Terms and Conditions of an IVA, all creditors must forfeit their rights to chase you for the money owed or pursue any legal action

HOW DOES AN IVA WORK

An IVA is a debt solution designed to consolidate your debts into one monthly affordable repayment while providing you with the protection you need against your creditors and allows you to resolve your financial issues in a structured manner. An IVA also enables you to avoid and interest charges your creditors may be adding to your debts, as all interests and charges on your debts will be frozen the amount you owe will never increase.

Rather than struggling with unaffordable debt payments to many different creditors, an Individual Voluntary Arrangement allows you to make a single affordable repayment to your debts while leaving you enough disposable income to cover all your living needs.

To set up an IVA you will need to work with a qualified Insolvency Practitioner (IPto draw up the terms of your IVA. Your IP will also handle any contact with your creditors on your behalf. You will be required to make regular monthly payments at the amount you have agreed with the IP. The IP will then distribute these payments accordingly to all your creditors.

Debt Solutions We Offer

We offer debt solutions to UK residents who are looking to take back control off their finances, we firstly assist you by finding out more about your current situation before recommending to you the most appropriate debt solution for your circumstances.

You must reside in the UK for us to assist you.

Benefits Of Our Debt Solutions

Reduce Your Monthly Repayments

Legally Binding Agreement

Stop Creditor Contact

Consolidate your debts into one.

Dedicated Account Manager 

Freeze Interest Rates & Charges

WHAT IS THE CRITERIA TO QUALIFY FOR AN IVA

An IVA is one of the most popular debt solutions for people leaving in England, Wales & Northern Ireland.

However, it is important to ensure that an IVA is the best solution for your circumstance.

Here are some qualifying criteria for an IVA:

  1. You must have at least two separate debts.
  2. You must owe at least £7,000 in unsecured debts.
  3. You have enough disposable income spare to make payments to your IVA each month.
  4. You must reside in England, Wales or Northern Ireland. Note that IVAs are not available in Scotland, but there is a similar debt solution called a Trust Deed.

if you do not meet these requirements, you may still be able to get an IVA. Contact us here at your debt adviser and we will find the best solution for you.

HOW TO APPLY FOR AN IVA?

Before you apply for an IVA it is important to make sure you contact an experienced debt adviser so that they can run through all your options with you. Everyone’s circumstances are different and while an IVA might the be the right solution for 1 person it may be the wrong solution for you.

Our debt advisors will carry out an assessment and work out what the best advice is for your circumstances, they do this by assessing your creditors, repayments and working out your affordability after conducting an income and expenditure. 

If after consulting one of the advisers you decide to apply for an IVA, the next stage would be for us to send out some paperwork for you to sign and send back we will then liaise with your IP to set up the IVA.

Step 1: Initial Call

In this initial call, your debt advisor will discuss everything you need to know about an IVA and the process involved in setting one up. They will explain to you the consequences and risks of entering an IVA. They will also inform you what will happen if your Individual Voluntary Arrangement is not approved or successfully completed. Additionally, your advisor will set out the pros and cons of the IVA. They may also explain to you any other debt solutions available depending on yourcircumstances.

Step 2: The IVA Proposal

The IVA proposal sets out the terms of the arrangement between you and your creditors. It forms the basis of offering a deal to creditors.  The proposal includes the reasons why you have become insolvent and stipulates your attempts to solve your financial difficulties. Your Insolvency Practitioner will act as your nominee and will present the proposal to your creditors.

Step 3: Issuing an Interim Order

This order is issued to provide an initial grace period and prevent your creditors from taking any further action against you while the IVA is being prepared. To obtain an interim order, your IP will be required to file the following:

  • The IVA proposal
  • Notice of proposal signed by you and your IP
  • The application of an interim order accompanied by a witness statement

Step 4: Meeting with the Creditors (MOC)

At this stage, a meeting will be scheduled and creditors will be able to vote for or against the proposal and submit any of their claims. If more than 75% of the creditors vote in favour of the IVA proposal, it will be accepted. If more than 25% of the creditors vote against the proposal it will be rejected, at this point, you will need to consider other forms of insolvency, including bankruptcy.

Step 5: Implementing the IVA

Once the IVA has been accepted, the supervisor will notify you, the creditors and the court.

Once you have finished the IVA, you will be issued with a certificate of completion to confirm that the IVA has been completed.

Speak to our Specialist Debt Advisors.

SDS Insolvency understand the difficulties involved in being in debt, we understand how quickly things can unexpectedly change. SDS Insolvency are here to provide you with free & impartial advice. You can use our free eligibility checker to find the best solution for you.