IVA

Our latest blog posts

Sex and Debt Advice
Tue 13 Jul 2010
 

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

Quick Enquiry

Full Name*
Home Tel *
Mobile Tel
Email
Level of Debt *
Number of Creditors
Monthly Income
Please accept our Data Protection Policy to submit enquiry.
Yes



IVA as a Debt Solution

An IVA may possibly be the best debt solution should you be struggling to make monthly payments on your unsecured debts of over £12,000, especially if you want to avoid bankruptcy.

The main difference between an Individual Voluntary Arrangement and other informal debt management plans is that it is a legally binding contract between you and your creditors. This means that you would reach an agreement with your creditors and would make arrangements to pay what you can realistically afford, typically over a five year period. The rest of your debts would be written off at the end of this period provided you have made all of the agreed payments into your IVA and adhered to its terms, a feasible debt solution if you want to avoid bankruptcy.

Your creditors often welcome an IVA as a solution, even though they are writing off a large part of your debt, as they stand a chance of getting more money than if you were to be declared bankrupt. What's more, they could also claim tax and VAT relief on the bad debt.

Your IVA agreement will ensure that you can make affordable monthly payments. These payments will be paid directly to your Insolvency Practitioner who will manage those funds to pay off a portion of your debt. Once the five year period is finished, as long as you have complied with the terms of your IVA, you will have no unsecured debt.

As this type of debt solution is a legally binding contract, you need to be clear that you are able to commit to the payments you have agreed to make. An IVA is not just legally binding to you; it also disallows your creditors from taking any further action against you. Another important difference between IVAs and bankruptcy is that it is a private arrangement between you and your creditors. Importantly, your job will not be at risk should your employer find out you have an IVA.

How does an IVA work?

As there are many variables with as a IVA, it is best to seek advice from a Licensed Insolvency Practitioner so that they can give you advice which is tailored to your circumstances.

All you need to do is apply for an Individual Voluntary Arrangement through us. One of our professional debt advisors will contact you to discuss your circumstances and determine whether an IVA is your best option of the different debt solutions available. They will discuss your current financial situation with you, and from the information you provide, we will prepare an IVA proposal that your creditors are likely to accept.

The IVA process normally takes between 4 to 6 weeks as it's a complex agreement between you and your creditors, starting from preparing a detailed fact find, writing the proposal, organising signatures and distributing the relevant documentation.

Your IVA proposal will be submitted to the Court and your creditors and a meeting would be held within 2-4 weeks. Your presence will usually not be needed at this meeting, as your Insolvency Practitioner, who acts as Chairman, would represent you and would propose the arrangement formally.

Of course we cannot guarantee that your IVA Proposal will be accepted at the Creditor Meeting. The only guarantee is that the Insolvency Practitioner is not likely to propose an IVA that may not succeed.

For your IVA to be accepted, 75% of creditors who vote (in terms of debt value) must agree to the terms of your IVA proposal. The agreed IVA will be binding to all creditors, regardless of whether or not they voted for its acceptance.

As long as you make your agreed monthly payments, you will be completely discharged of any unsecured debts at the end of the IVA period.

If you would like to learn more about IVAs as a debt solution why not read through our IVA articles for more information.

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