An IVA or Individual Voluntary Arrangement is a
very powerful tool that you can use to control your personal financial
situation. It is a formal agreement that is made between the debtor
which is the person that owes the money and the creditor which is
the person that the money is owed to. Is an IVA
the solution for you?
An IVA proposal lays out how the debtor will repay the creditor
over a 5 year period. This is a legal document that holds up in
a court of law which means it must be completed by a licensed insolvency
practitioner. There are many throughout the UK that can assist you
if this is an option that looks right for you. Debt
Advice Online have helped thousands of people with IVA advice.
How does an IVA work?
When you attend for your appointment with your licensed insolvency
practitioner your case will be assessed and then a plan letter will
be mailed to you. It will explain the course of action that is recommended.
You will then sign the copy and return it. Once you have consented
all of your creditors will be notified that a proposal for an IVA
is being prepared and they will the need to confirm the amount of
money owed to them and forward the information back to the practitioner.
The proposal will include how much you take home, what your expenses
are, details on your creditors, history of your debts and they built
up and then of course the most important part a repayment proposal
schedule which includes payment size and duration. It is important
that you go over this information carefully and ask any questions
you might have.
There are some cases were the proposal must go to the local County
Court requesting an Interim Order and asking for the courts approval.
This protects you from any further action by your creditors which
includes any bankruptcy proceedings.
Next your creditors will receive a copy of the schedule of repayment
and all the details incorporated in the proposal. There will also
be a Creditors Meeting scheduled and the proposal will include the
location as well as the date and time of this meeting.
The Creditors Meeting is chaired by a representative of the Insolvency
Practitioner and you will have to attend the meeting so that you
can answer any questions that might arise. You must have a 75% vote
agreeing to the IVA to make it binding. Once it is approved it is
a legal binding document for even those that did not vote in favor.
It now protects you 100% to what the proposal outlines.
The final report is then sent to al the creditors and to yourself.
Any modifications that were made during the meeting are included
in this final document.
The Practitioner will oversee the arrangements and stay in charge
throughout the time period. You will make one monthly payment into
an account that is held by the Practitioner in your name. Once a
year a review of your income and expenses will occur and be sent
to all of your creditors. If you stick to your IVA agreement until
the end of the term your debts will be wiped away.
AN IVA gives you protection against impatient creditors. IVA’s
stay on the public register for 2 years after the date of completion
of the arrangement. If 75% of your creditors do not agree with the
arrangement they you will need to apply for bankruptcy.
Your Individual Voluntary Arrangement is more formal than a Debt
Management Program but not as destructive as Bankruptcy.
It’s a middle point that is often the right solution. In fact
it is a very popular alternative throughout the UK.
Is an IVA the solution for you? Only you and your counselor can
answer that but chances are the answer is yes. Don’t drown
in your debt when there is a solution.
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