A: What is an IVA ?
Using Government legislation that is
designed to help you clear debt, an IVA is a formal agreement between you and
your creditors and stops ALL creditor demands. It enables you to pay off your
debts in affordable monthly payments over a fixed period (usually 60 months).
A: How can an IVA help me?
Once set up and if you continue to pay
the agreed amount each month you’ll be protected from any further action being
taken against you by your creditors. Your credit rating will not be as seriously
affected as it would in bankruptcy.
If you stick to the agreement for the
full term, your creditors write off any unpaid debts.
A: What will happen if I cannot meet my payments?
The Insolvency
Practitioner will agree the
payment plan that best suits your needs. This should ensure you can meet your
payments for the duration of the IVA. If your circumstances do change and you
find that you are unable to meet your payments, they will try to renegotiate the
terms of the agreement with your creditors.
A: What happens when the IVA is finished?
As long as you have fulfilled the
terms of the agreement, your creditors will have no further claim against you
and the balance of any remaining unpaid debts is written off.
A: Do all my creditors have to accept an IVA?
To approve your IVA, at least 75 per
cent (by debt value) of the creditors who vote at a meeting, must accept your
proposals. Even if they don’t vote, or they vote against your proposals, each of
your creditors will be bound by the agreement as long as it has been accepted by
this majority.
A: Why would my creditors accept an IVA?
In accepting an IVA, your creditors
will expect to get a better return than they would from any other reasonable
alternative, and your payment proposals should demonstrate this to be the case.
Your creditors will also benefit from the fact that your IVA will be monitored
independently.
A: Will an IVA protect my house?
One of the key
benefits of taking out an IVA over bankruptcy is that the individual’s home is
safe from repossession. However, if you own your own home it is likely that you
will have to release some of the equity in your property towards the total
dividend.