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What Is An IVA (Individual Voluntary Arrangement)?

Jul 18

Posted by admin in Bankruptcy, Personal Finance

Over the past decade banks made it easy than ever before for people to get access to loans and credit. This has unfortunately meant that more and more people have succumbed to ever increasing debt. Individual voluntary arrangements (IVAs) were set up in the 1980s as a way for people and businesses to work their way out of serious debt and avoid bankruptcy.

An IVA is an agreement that an individual makes with their creditor(s) as a way of avoiding bankruptcy. The individual will negotiate with the creditor(s) either a monthly payment over the course of up to five years, or a lump sum from the sale of goods or the remortgage of property. The creditor(s), for their part of the arrangement, would then write off the remainder of your debt.

The reason so many people are setting up IVAs every year is down to the huge benefits that can be had if you are finding it difficult paying back your debts. Once you enter into an agreement, all interest and late payment charges are frozen for the duration of the agreement, plus you are unable to be taken to court by your creditors and once the full amount of the debt is received by your creditors, your credit rating will improve.

If you have amassed a large number of credit and debit cards, store cards, catalogue debts, overdrafts and personal and business loans, an IVA may be your best option to possible reduce your debt by up to 75%. Though you must be in a position to be able to afford either a lump sum or a monthly payment of at least $300 per month.

An IVA must be proposed by an insolvency practitioner to your creditors on your behalf. Charges for insolvency practitioners differ, but it is common for fees to be taken from the monthly payments that you make if that is how you choose to settle your debt. Before committing to any one insolvency practitioner, always search the internet for recommendations and speak to friends or family to find a reputable practitioner as the last thing you need in this situation is to lose money.

$20,000 is commonly the minimum amount of debt you need in order to qualify for an IVA. The most important point to consider is that 75% of your creditors, that is, the creditors that own 75 per cent of your debt, must agree to the terms negotiated in the individual voluntary arrangement; if fewer than 75% agree, then you will have to consider other alternatives to protecting your solvency. If the remaining 25% do not agree, they are legally bound to the arrangement anyway.

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The Lump Sum IVA: A Full And Final Settlement

May 25

Posted by admin in Debt Relief

People who are in serious debt in the U.K. have the option of proposing an IVA, or Individual Voluntary Arrangement to their creditors as a means of clearing their debt whilst avoiding Bankruptcy.

An IVA will generally lasts for 5 years, over which time, monthly repayments are made to the creditors through an insolvency practitioner, but when the correct circumstances are in place, it is possible to propose an IVA that consists of just one payment.

This IVA is referred to as a \’Full and Final Settlement\’ or \’Lump Sum IVA\’.

The circumstances that tend to favour the \’Lump Sum\’ IVA as an option are quite specific and not all potential IVA cases will be suitable.

Firstly, the debtor must qualify for an IVA under the normal criteria of having over ?15,000 in unsecured debts which are owed to a minimum of 4 creditors.

Secondly, the debtor must have very little, if any, disposable income with which to make their monthly contributions.

Thirdly, the debtor will need to have access to enough releasable equity from a property they own, or know a third party that is prepared to introduce a sufficiently high lump sum and act as their benefactor.

Fourthly, the lump sum should be at least 25% of the total debts, plus enough excess left over to cover the costs to the creditors.

When these conditions arise, a \’Full and Final Settlement\’ IVA or \’Lump Sum IVA\’ becomes a distinct possibility.

The initial stages of the IVA are the same as ever. An Insolvency Practitioner is chosen to act on behalf of the debtor and they gather all the relevant paperwork and details required for the proposal to the creditors. It is likely the Insolvency Practitioner will request the settlement funds be transferred to their client account whilst preparations for the IVA are being made, and they would hold the funds there ready for the transfer to the creditors as soon as the IVA has been agreed.

Once the IVA has been agreed by the creditors in the normal manner, all the benefits of a standard IVA apply, but instead of making monthly contributions for 5 years, the lump sum is transferred to the creditors, and the IVA concludes on receipt of the one payment. As with all successfully completed IVAs, the balance of any debt that hasn\’t been repaid is written off by the creditors, leaving the debtor debt free. Because the IVA is a binding agreement, the creditors are unable to accept the funds and then change their minds and ask for further repayments. The debt is legally settled.

There are advantages for the creditors too of course. They receive a repayment from a debtor who would have struggled to repay the debt, as there is little if any surplus income. They receive a lump sum immediately rather than having to wait for a long winded return, and also because the IVA finishes so quickly, the fees the creditors have to pay to the Insolvency Practitioner are reduced, leaving them with a higher return from the debt.

A Lump Sum IVA will not always be a suitable solution, but when the circumstances are fitting, it really is a great option.

Iain Wrenshall is a senior debt adviser who specializes in IVAs. To learn more about IVAs and other available debt solutions take the link to myIVA-Adviser.com, where you will find all the information you will need to help you make your decision on what is your best available option.

Our team are highly experienced in all debt solution options, but specialize in IVAs. so if you would like to have a chat will one of the team, call 0800 088 7503 for free anytime. All our IVA services and debt advice are completely free.

If you would like to see if you qualify for an IVA, why not use the \’Debt Detective\’, our powerful debt calculator, specially designed to give you the most accurate solution available.

For general debt advice take the link to Debt Help UK a rich resource in free debt help.

Writen By : Iain Wrenshall

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IVA Vs Bankruptcy – The Facts You Need To Know

May 25

Posted by admin in Bankruptcy, Debt Relief

IVA or Bankruptcy ?

This is one of the most important questions facing people with serious debt problem, and to be honest, it can be an extremely difficult question to answer.

In my position as a debt adviser, specialising in IVAs, I believe helping a person understand how their personal circumstances will effect the suitability of each solution, either an IVA or Bankruptcy, remains crucial to helping someone decide on how best they can move forward.

So, here are the facts, in plain English, which you need to know before you can decide which option, be it an IVA or Bankruptcy, is most suitable for your circumstances.

The Personal Bankruptcy Option.

What is bankruptcy ?
Well, being bankrupt is: \”when a person is declared in law to be unable to pay outstanding debts\”.
(It is also known as being insolvent.)

What you can expect to happen
After the court has issued a bankruptcy order against you, you will be interviewed by the Official Receiver. If you have any assets, you may also be interviewed by a Trustee in Bankruptcy and your assets will then be sold by the Trustee in Bankruptcy. The money from the sale of your assets will be used to settle your outstanding debts, however, all the costs and fees of the bankruptcy process will be paid out of these funds before the creditors receive any settlement, or dividend payments. If you can afford to make monthly payments to the Official Receiver from your income, you will be expected to make these payments for three years. If the Official Receiver thinks you can afford to make payments, and you refuse to agree, he can obtain a court order to make you do so. The Official Receiver can also make your employer deduct the payments from your salary. The Official Receiver has considerable power, and your failure to cooperate could result in a warrant for your arrest, or public examination in front of a judge. The Official Receiver has the power to reverse any sale of assets where they are deemed to have been sold for less that their true value, and if it is believed the transaction defrauded creditors, there is no time limit as to how far back in time the Official Receiver can go.

What assets will be sold in Bankruptcy ?
Any equitable interest with a saleable value which you own, i.e. properties, cars, caravans, properties abroad, time share, luxury goods, stocks, shares, investments and other valuable assets. If you own a part share of an asset, for instance a house, the ownership of your share passes to the Official Receiver. If you cannot arrange for a third party to buy your share of the equity, the Official Receiver can force the repossession and sale of it. If this asset is your home, you will be forced to move out.

Will Bankruptcy clear all my debts?
No. Bankruptcy will not clear any secured debts you may have. Also student loan company debts, fines, council tax arrears and family court orders for maintenance will not be included in a Bankruptcy.

What savings can you keep in Bankruptcy ?
Pensions are generally protected in a bankruptcy, but savings, shares, investments and equity in property will lost to the Trustee.

What assets can you keep in Bankruptcy ?
The trustee will generally allow you to keep a modest motor vehicle and any tools required for you to earn an income.

What other assets can you keep in Bankruptcy ?
The trustee will generally allow you to keep your ordinary household contents, i.e. Tv, stereo, computer, sofa, washing machine, etc.

What about working whilst in Bankruptcy ?
You retain the right to earn an income, but the effect Bankruptcy has on your position within a business depends on your occupation. If you hold a professional license, your regulatory body will need to be informed which may result in a suspension of your license. If you are a director of a business you will be required to resign your directorship and if you hold shares in the business they will be sold. If you are in a partnership, your fellow partners will be required to buy out your interest in the business. If you are a sole trader, you can continue to trade, but you will not be able to have any credit agreements with suppliers above ?500. If you are employed, you bankruptcy ought to have no effect on your right to work, however, if your occupation involves handling money and dealing with finances, your future employment will be at the discretion of your employer.

What about your privacy in Bankruptcy ?
Because a Bankruptcy is a court process, details of which are in the public domain, your bankruptcy will be published in the press which may appear in a local newspaper.

What else could happen whilst in Bankruptcy ?
If you receive an increase in income or inherit money from a deceased relative\’s estate, or enjoy a windfall like a lottery win, you will be obliged to inform the Official Receiver and make the money available to your Bankruptcy estate.

How long will my Bankruptcy last ?
Your Bankruptcy will last for 12 months, after which time you will receive an automatic discharge. However, in cases where it is judged the debts were incurred through irresponsible or excessive spending you could be held bankrupt for a maximum of 15 years.

The IVA option.

What is an IVA ?
An IVA is an alternative to bankruptcy. An IVA, or Individual Voluntary Arrangement, is a private, legally binding agreement between you and your creditors. An IVA enables you to offer your creditors a structured repayment program over an agreed time period, which is normally 5 years. The IVA repayments are based on your disposable income (i.e. how much you can actually afford to pay back each month once your essential living expenses have been deducted). The IVA is proposed to your creditors through an insolvency practitioner, who acts on your behalf by seeking a vote of acceptance for the IVA from your creditors. It is necessary to achieve acceptance from 75% of your creditors before the IVA can be considered binding on all of them. Once accepted, an IVA protects you from your creditors taking legal action, and also protects your assets from being seized by your creditors. Any outstanding balances on your debts that still remain at the end of the IVA will be written off by your creditors.

In an IVA, what happens if you own your home ?
An IVA protects you from having to sell your home, but you will be required to release available equity from it via a re-mortgage. If you have part ownership of your home, you will only be required to release the proportion of your part of the equity a re-mortgage will allow. The IVA protects you from having to sell the property.

What assets will be sold as part of your IVA ?
An IVA allows you to keep all your assets intact, although if you own a valuable asset that is not essential to your livelihood, i.e. a caravan, a second property or an expensive motorcar, you may be required to replace it with a more modest vehicle and give the balance of money to your IVA fund.

How will an IVA effect my savings ?
Generally your pension will be protected, and modest contributions can continue to be paid in to it during your IVA. It is possible to exclude assets from your IVA but you will be required to inform your insolvency practitioner of any savings, stocks, shares and other investments you may hold.

What other assets can I keep whilst in an IVA?
All personal possessions and household contents will be protected in the IVA.

How will an IVA effect my work ?
An IVA is not Bankruptcy, therefore you are able to continue as a director in a business. Also professional license holders are able to continue practicing. Partnerships can also continue to trade, and because the IVA is a private agreement, your employer will not be informed.

How will an IVA effect my privacy ?
The details of your IVA are not published in the press, however they will be held on the IVA register which is a public record.

What other effects will my IVA have ?
You will be required to inform your insolvency practitioner of any inheritance or good fortune gains like a lottery win, and these funds will be made available to your IVA fund. Your finances will be subject to an annual review by your insolvency practitioner for the duration of your IVA and adjustments to your IVA payment will continue to be based on affordability.

How long will an IVA last ?
An IVA can vary in length from 1 payment to 60 payments, but a standard IVA will last for 5 years.

What debts will an IVA clear
Your IVA will clear only your unsecured debts, e.g. personal loans, credit cards, catalogues and overdrafts. However, an IVA will not clear secured debts, fines and family court orders for maintenance.

What happens after my IVA finishes
You will be debt free. You will receive a certificate of completion from your insolvency practitioner, and you should inform the relevant credit reference agencies, e.g. experian or eqifax, of the successful completion of your IVA for them to update your credit file.

As you can now see, the IVA is a real alternative to Bankruptcy.

An IVA is not an easy solution, and neither is it always a \’better\’ solution, but if you are in any doubt which option you ought to be pursuing, take the time to do your homework. There are specialist companies available that dedicate their services to helping you make this decision.

If you would like to discuss your personal circumstances with a specialist company, call myIVA-Adviser.com for free on 0800 088 7503. Our team of specialist advisers have all the information you need to help you make your decision.

Click the link if you would like to read more information on the IVA vs Bankruptcy subject where you will also find plenty of free tips and information.

Having a serious debt problem can make you feel isolated and alone. If you feel this is you, then call us today and we can sort out your debt problem together.

Writen By : Iain Wrenshall

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IVA Debts, Secured Or Unsecured? That Is The Question

May 23

Posted by admin in Debt Relief

IVAs are designed to help people who are struggling with overwhelming personal debts.

However, personal debts fall into two categories:

  • \’Secured\’ debts.
  • \’Unsecured\’ debts.

It can sometimes be difficult to to determine which category each type of debt falls into, and therefore not fully understand how an IVA will be able to help you get back in control of your finances.

So, below is a list of the most common types of debt that falls into the \’Secured\’ debts category:

  • Mortgages.
  • Hire Purchase Agreements.
  • Loans against Property.

An IVA cannot deal with \’secured\’ debts. This is because the creditor is protected.

As with all secured loans, a guarantee is in place which GIVES the creditor the right to take possession of the asset in the event of nonpayment by the debtor.

For example:
If a debtor was unable to make a monthly payment towards a Hire Purchase Agreement in place to buy a car, then the Hire Purchase company would have the right to repossess the car from the debtor, because the agreement has been broken. There will be a description of the actions a creditor will take and when they will take them, in the terms and conditions of the agreement concerned.

Now that we have established which debts cannot be covered by an IVA, let\’s look at \’unsecured\’ debts

Here are the most common type of \’Unsecured\’ debts:

  • Personal Bank Loans.
  • Personal Credit Cards.
  • Store Cards.
  • Catalogues.
  • Mobile Telephone Bills.
  • Unpaid Utility Bills.
  • Bank Overdrafts.
  • Credit For Electrical Goods.

An IVA can deal with unsecured debts.

Unsecured debts are NOT guaranteed against any property.

This means the creditor concerned DOES NOT have the right to repossess the asset in the event of nonpayment.

For example:

If you have taken an unsecured personal bank loan and used the money to buy a car, and then fail to make repayments, the bank does not have the right to repossess the car, even though your loan agreement has been broken.

However, the creditor does have the right to take legal action against a debtor for failure to repay an unsecured debt, which ultimately could end up with the debtor being made bankrupt.

This is where an IVA gives protection to the debtor, because when an IVA has been accepted by the creditors, ALL the creditors forfeit their right to chase the debtor through the courts.

Iain Wrenshall is a senior debt adviser for myIVA-Adviser.com If you would like to call and discuss your personal circumstances regarding IVAs, or any other debt related problems, you are welcome to call 0800 088 7503. You will be given free, clear, concise and ethical debt advice. We specialise in helping people find the best solution available to them. All your details will remain confidential, and our small, specialist team will be at your side to guide you out of troubled waters.

Remember, now is not the time to be an ostrich, because help is at hand.

Writen By : Iain Wrenshall

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IVA Companies: What You Need To Know

May 22

Posted by admin in Debt Relief

IVAs are administered by Insolvency Practitioners (I.P.s), and there are many based all over the U.K. As in all walks of life though, some are better than others, so finding a reputable I.P. when you need one is not always straight forward.

A common way of finding an I.P. is to use an intermediary IVA company. The intermediary IVA company will assess your case and, if an IVA proves to be a viable option, they would normally suggest a reputable I.P. company to help you. This in itself can lead to uncertainty because, as with the Insolvency Practitioners, some intermediary IVA companies are better than others.

The choice as to which IVA company to use is crucial.

So, how does a person decide which IVA company is the most suitable from the many available to choose from?

A good starting point is to use an IVA company that has been recommended to you by someone you know. However, if this is not possible, using the internet is a useful way to find IVA companies which offer this service, but be cautious.

Use the tips below to establish which IVA company you are most comfortable with:

1. Be comfortable with the adviser that you speak to.

You ought to be able to discuss any aspect of your financial, and sometimes personal, circumstances with them. Your adviser should have a good knowledge of the IVA process, and be able to use their experience to guide you forward.

2. Do not use an IVA company that insists on charging a fee for the preparation of the paperwork.

There are some excellent IVA companies that do this work for free.

3. Be sure that the IVA company you are using has carried out a thorough analysis of your circumstances.

To be able to advise you on which action you should take it is essential that they really understand your true situation now.

4. Be sure that they talk through all your alternatives.

This could include Bankruptcy, other repayment plans and possibly even a consolidation loan or a re-mortgage.

5. Be wary of an IVA company that suggest that an IVA is a foregone conclusion.

In truth an IVA\’s success is based on the decision of the creditors. A good Insolvency Practitioner, however, will always err on the side of caution and use his experience to assess each new case before commencing his work. This not only saves unnecessary time, effort and costs, but also goes some way to reassuring clients that, all things considered, a successful IVA is a likely outcome.

6. Do not be persuaded by IVA companies offering unrealistically low payment IVAs.

It is easy to be given a false sense of security, but the truth is that IVA repayments are based on what you can reasonably afford, not what some clever sales person is trying to make you think is acceptable to creditors. Large write off figures are very persuasive, but are by no means guaranteed. Creditors will ask for modifications to your payments at your creditors meeting if they feel that you could reasonably afford to payback more money, and the IVA will not proceed if you can\’t agree to these modifications. So be sure that you feel the payments you are offering are fair and reasonable.

7. Look for a money back guarantee.

When you have decided that an IVA is your best option, be sure that, if the Insolvency Practitioner takes payments pre creditors meeting, these funds are refundable should your application is unsuccessful.

8. Let your instincts guide your decision.

Don\’t feel that any one IVA company is the only one able to help you. If you feel that an IVA company is offering something to good to be true, ask them testing questions and gauge their advisers response. Don\’t forget, if you are in any doubt, get a second opinion.

Finding the most suitable IVA company to help you is so important, as, don\’t forget, this company will be presenting your case to your creditors, so you must be sure you have found the right one.

Remember, communication is the key to a healthy relationship, so once you have decided, keep all channels open!

Iain Wrenshall is a senior debt adviser for myIVA-Adviser.com If you would like to call and discuss your personal circumstances regarding IVAs, or any other debt related problems, you are welcome to call 0800 088 7503. You will be given free, clear, concise and ethical debt advice. We specialise in helping people find the best solution available to them. All your details will remain confidential, and our small, specialist team will be at your side to guide you out of troubled waters.

Remember, now is not the time to be an ostrich, because help is at hand.

Writen By : Iain Wrenshall

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Joint IVAs: How Do They Work?

May 22

Posted by admin in Debt Relief

Joint IVAs as they are referred to, allow two people to unite their resources and pool their debts, enabling them to qualify for an IVA when it might otherwise be beyond their reach.

In reality the insolvency practitioner who acts as a nominee for the two people concerned, will actually propose two individual IVAs. However, once the IVAs are accepted by the creditors, the insolvency practitioner supervises the two cases as one, which in turn creates a substantial saving on fees charged to the creditors. These saving are passed on to the creditors, which in turn means the creditors will receive a greater amount of money from the IVA fund.

Joint IVAs provide an alternative solution to bankruptcy, especially in cases where two \’stand alone\’ IVAs may not be possible.

For an IVA to be acceptable to creditors the debtor\’s circumstances must meet certain prearranged conditions.

  • The debtor must have at least ?15,000 unsecured debt.
  • The debt must be owed to at least 4 different creditors.
  • The debtor must be in employment.
  • The debtor must have a disposable income sufficiently high to be able to repay at least 25% of the debt, plus costs.

Here is an example of a set of circumstances where a Joint IVA might suit:

Imagine a couple living together. Each has a personal unsecured debt of ?12,500 owed to 4 creditors. Let\’s also imagine the monthly repayments of these debts adds up to ?300 each person, or ?600 between them. One works full time, the other part time. Together they generate enough income to cover their joint expenditure, but after all their costs are deducted from their joint incomes, they are left with just ?350. Insufficient to maintain their required debt repayments.

Individually they would not have sufficient debt to qualify for an IVA, but together their debts amount to ?25,000 which is above the required threshold.

Also, neither would be able to afford the necessary minimum repayment into an IVA on their own, but by working as a team, pooling both the debts and the disposable income, a joint IVA becomes a distinct possibility.

A joint IVA does not require the two people involved to be married.

It can be any two people who share the same living costs.

Getting into debt as a couple is easy, but it\’s nice to know there is a debt solution that offers you a way out together.

Iain Wrenshall is a senior debt adviser for myIVA-Adviser.com If you would like to call and discuss your personal circumstances regarding IVAs, or any other debt related problems, you are welcome to call 0800 088 7503. You will be given free, clear, concise and ethical debt advice. We specialise in helping people find the best solution available to them. All your details will remain confidential, and our small, specialist team will be at your side to guide you out of troubled waters.

Remember, now is not the time to be an ostrich, because help is at hand.

Writen By : Iain Wrenshall

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IVA – What About My Equity

May 22

Posted by admin in Bankruptcy, Debt Relief

In some cases, equity issues that surround an IVA can have a serious impact on the decision as to whether or not an IVA remains the most suitable debt solution available. As a debt adviser that specialises in IVAs, I know how essential it is for clients to understand what the requirements of their creditors will be, and in turn, how those requirements will be applied to their IVA case.

Many people do not know what an IVA is, so here is a very brief overview of the IVA concept:

An IVA, or Individual Voluntary Arrangement, allows a person in financial difficulty to reach a new formal agreement with their creditors. An IVA allows a debtor to make repayments, of an affordable amount each month, to their creditors for the term of the IVA (normally 5 years) after which period, and so long as the debtor does not have any equity in a property, the debtor will be considered debt free. By the terms of the IVA, the creditors are legally bound to write off any outstanding balance when the IVA finishes.

However, as you can imagine, there are conditions attached.

It is important to understand from the outset that an IVA is a \”Voluntary\” agreement, and both parties must voluntarily agree to be bound by the IVA terms. Therefore, for the IVA to be acceptable to the creditors, it must make financial sense. Creditors will not likely accept an IVA that does not return a dividend (rescued pence in the pound) comparable with, or in excess of, their expected dividend from the debtor\’s bankruptcy.

This does not mean that the IVA proposal must return more money than a bankruptcy might return, but rather be a realistic alternative to it.

There are very high costs involved with a bankruptcy which become even higher when there is a property with equity that needs to be released. As much as the first ?15,000 of equity released from a forced sale could be taken in costs in a bankruptcy. Also, it should not be assumed that a bankruptcy will force the sale of a property. Indeed, if there is little or no equity in the property, the Official Receiver may offer the debtor an opportunity to buy the equity interest on the property, and therefore remove the property from bankrupt\’s estate.

So looking at how any equity would be dealt with by the Official Receiver in the bankruptcy of each particular case, is a useful technique to help gauge the creditors reaction when faced with an IVA.

In the main, most IVAs will require a release of equity at the end of the 4th year, and how much money needs to be released will be governed by 5 factors.

  • The size of the original debt.
  • The amount expected to have been paid into the IVA after 5 years.
  • Is there any releasable equity, and if so how much?
  • Can the debtor afford the costs of the remortgage required?
  • Can the debtor find a company that will agree to the remortgage?

The general requirement for the remortgage is that as much as possible is released to the creditors, up to, but no more than the original debt that was owed at the outset of the IVA. This offers the creditors a full repayment, but only where possible, and offers the debtor the reassurance that should it not be possible to raise the full repayment, there will be a debt write off at the end of the IVA.

So, the answer to the big question, \”Will I be made to sell my family\’s home?\” is NO.

Each case is different, and it is not always an easy choice, but reaching an agreement through an IVA will protect your property from your creditors. Once the IVA is accepted, the creditors can do nothing to change the terms, and providing the debtor continues with the monthly repayments they can be assured that they will be debt free in 5 years.

If you would like to download our free guide \”How Will An IVA Effect The Equity In My House?\” then click here.

Iain Wrenshall is a senior debt adviser for myIVA-Adviser.com If you would like to call and discuss your personal circumstances regarding IVAs, or any other debt related problems, you are welcome to call 0800 088 7503. You will be given free, clear, concise and ethical debt advice. We specialise in helping people find the best solution available to them. All your details will remain confidential, and our small, specialist team will be at your side to guide you out of troubled waters.

Remember, now is not the time to be an ostrich, because help is at hand.

Writen By : Iain Wrenshall

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