How The IVA (Individual Voluntary Arrangement) Process Works
Since its conception in the 1980s, individual voluntary arrangements (IVAs) have been an increasingly popular option for individuals that have a debt mountain that they are finding difficult to climb. Initially, were set up to help businesses facing bankruptcy but they became popular with members of the public once their advantages became more widely known. 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 benefits for taking up an individual voluntary arrangement with your creditors are vast. The reason more than 6000 people take up IVAs with their creditors every year is down to: protection against court action from your creditors, frozen interest and late payment fees, and a repaired credit rating once your debt is written off. An IVA can be used to reduce all your unsecured debts. This includes things such as store cards, catalogues, credit cards, overdrafts, personal loans and business loans. This is no doubt that IVAs can work well, and few people would dismiss an option that could cut their debt by up to 75%, but they are not always the solution for everyone. For example, you have to be able to afford a lump sum payment and / or at least $300 a month. Lots of people faced with bankruptcy just can not afford that. In order to set up an IVA, an insolvency practitioner must propose the agreement to your creditors; you are not able to propose it yourself. The charges that these insolvency practitioners charge you will vary, but most will take their fees from your monthly payments. It is always good practice to shop around for recommended insolvency practitioners as if up front payments are made and the agreement falls through then you have wasted money you have not got. To qualify for an IVA you will need to have a minimum of around $20,000 debt. Also, 75% of your creditors (in monetary terms) must agree to the terms and repayment scheme of the IVA. So long as 75% agree, those who do not agree will be legally bound to accept it. However, if less than 75% agree, the IVA will fail. If that happens then you can change the terms of the IVA and try again, though this will involve paying more fees to your practictioner. More : IVAs |