IVA

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Testimonials

“We are extremely satisfied with the level of service and professionalism combined with a friendly attitude of all the staff we spoke to, and would like to thank everyone at Harrington Brooks very much.”

Mr and Mrs B, Liverpool

“We were really pleased with the efficient way that Harrington Brooks handled our enquiry and by the speed in which our mortgage was finalised.”

Mr and Mrs S, Birmingham

“I found the staff at Harrington Brooks were all very polite, helpful and understanding. I couldn’t fault the level of service we received from start to finish.”

Mr J, Warrington

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Glossary of IVA Terms

Administration order Source:
An Administration Order requires you to make monthly repayments to the court, who in turn distributes the funds to your creditors. The court charges an administration fee for this facility, typically 10% of your payment.
During the Order's effective term, your creditors must cease any correspondence and are forbidden from taking legal action against you.

Bankrupt
This is someone currently serving a bankruptcy term.

Bankruptcy Order
This is the legally binding order which makes you bankrupt.

Compulsory Liquidation
This is the result of an application to the court from an organisation's creditors, pushing them into liquidation.

Creditors' Committee
A creditors' committee acts to protect the interest of all creditors.

Disqualification of Directors
The petition made to a court from the Department of Trade and Industry, prohibiting any director of an insolvent company, judged to have mismanaged its affairs, from holding any management status within a company for between 2 and 15 years.

Fraudulent Trading
A company which continues to trade with the intention to deceive creditors is seen as fraudulently trading. Individuals responsible can be made personally responsible for the company's liabilities and face criminal charges.

Individual Voluntary Arrangement (IVA)
An IVA is an alternative to bankruptcy, allowing debtors to negotiate with their creditors in order to arrange payment of debt over a typical term of 60 months, with the remaining amount written off on completion of the IVA.

Insolvency Practitioner (IP)
An Insolvency Practitioner can be sanctioned by Chartered Accountancy Bodies, Law Societies, The Insolvency Practitioners Association or the Department of Trade. They are the only person who can represent an individual in an insolvency case.

Interim Order
An Interim Order protects you from bankruptcy and other legal actions while you are awaiting finalisation of an IVA.

Liquidation
Liquidation is the process by which a company's assets are sold off to service an outstanding debt.

Official Receiver (OR)
The Official Receiver is appointed by the Department of Trade and Industry to deal with bankruptcy and compulsory liquidations.

Petition
This is a written request to the court for assistance.

Receivership
Receivership refers to an individual being chosen to act as a ‘receiver' of specific assets.


Individual Voluntary Arrangement (IVA):

  • Unsecured debts only
  • Initial debt advice is free but fees are payable if a debt solution is agreed.
  • An IVA should only be considered in extreme circumstances as failure to adhere could result in bankruptcy. Debt write off applies only where the IVA is accepted by at least 75% of your creditors (in terms of debt value) of those creditors who vote at the creditors' meeting convened to consider your IVA proposal and you have completed the, typically, 60 month term. Some homeowners may be required to release equity.
  • Fees and Costs: An estimate of the costs involved in the arrangement will be included within your proposal; however these fees are subject to change at the creditors meeting. Once the creditors have approved your IVA the basis of our fees will be set and an up to date schedule of fees will be issued to you. Chargeable fees are made up of Nominee's fees which relate to the assistance given to prepare your proposal and will be taken from the first payments made into your arrangement, and Supervisor's fees which relate to the ongoing monitoring, supervision and administration of your IVA and which will be charged on a monthly basis and deducted from the contributions you pay into the arrangement. No further fees are payable by you.
  • Credit Rating: A record of your IVA will be retained by credit reference agencies for a period of six years. Your credit rating will be impaired and it may be harder to obtain credit in the medium to long term.
  • Cooling Off Period/Right to Withdraw: You can withdraw your proposal for a voluntary arrangement at any point up and including the day of your creditor's meeting. Once the arrangement has been approved at the creditors' meeting and you have agreed to be bound by its terms, you have entered formal insolvency proceedings and no cooling off period applies.
  • Terms & Conditions apply.

The Insolvency Service have produced an 'In Debt? Dealing With Your Creditors' guide which summarises key features of each of the main ways of dealing with debt.

Financial Management Plans:

  • Unsecured debts only.
    Initial debt advice is free but fees are payable if a debt solution is agreed.
  • A key benefit of the Plan is the ability to only repay what you can afford each month. Clearly the consequence of this is that it will take longer to repay your debts, and creditors do not have to agree to freeze interest and charges. You will receive allowances to pay Secured and Priority debts.
  • Fees and Costs: An 'Initial Fee' is the set up cost of your Plan and is equal to two months disposable income, subject to a minimum of £295 and will be retained from your initial payment(s). Whilst you pay our initial fee, monies are not distributed to your creditors and this retained payment may place you in arrears.
    A 'Monthly Fee' payable for our services will be charged thereafter, equal to 17.625% of your monthly agreed disposable income, subject to a min of £35 and a max of £100.
  • Credit Rating: Entering into a Plan means contractual payments will be missed and your debt and repayment term could increase. Your credit rating will be impaired and it may be harder to obtain credit in the medium to long term as records will be retained by credit reference agencies for six years.
  • Cooling Off Period/Right to Withdraw: On receipt of your first payment we will issue to you a key features document and estimated fees schedule. If for any reason you wish to cancel we offer a seven-day cooling-off period from the date of said letter in which we offer a full refund of any fees which we have taken.
  • Terms & Conditions apply.

One Advice Group . Jackson House . Sibson Road . Sale . Manchester . M33 7RR . United Kingdom