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An IVA or Individual Voluntary Agreement is a government backed debt management solution and alternative to bankruptcy.
An IVA could get up to 75% of your debts written off (in some cases) and leave you debt free within 60 months (5 years). Once the agreement is set up, your creditors must stop all further interest and charges on your debts. All phone calls and letters from creditors in relation to your debts should stop.
As soon as the 60 months have finished, and you have kept to the arrangement any outstanding debt is then completely written off!
IVA & Debt Management Solutions
You will need to show the following:
IVA & Debt Management Solutions
Yes, your credit rating is likely to be adversely affected and It will remain on your credit file up to 6 years after completion of the IVA.
No, as you are not borrowing any money, there is no need for a credit check.
Yes. Entering into an IVA provides a way to avoid further recovery action even after a creditor has obtained a CCJ against you.
Yes. As soon as the IVA is set up, you are protected from all further recovery action by your unsecured creditors providing you follow the terms of the arrangement.
No, but you can apply to the courts for an Interim Order to prevent your creditors taking further recovery action until the result of your creditors meeting has been decided.
No, they are only effective with your unsecured debts, personal loans, credit cards and arrears. Your secured debts such as your mortgage are not covered.
No. To enter into an IVA, you only need to take home more income than you need to live on.
No, not at all.
You may have to release a proportion of any available equity in any property you own as part of your overall contribution to your creditors. This will usually happen after the 3rd year of the IVA.
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No, an Individual Voluntary Arrangement is a legal process whereby you can agree with your creditors to repay them what you can afford. This may result in paying back less than you actually owe.
A typical IVA takes between 6 and 8 weeks to set.
No, but any such interest and charges will be covered by the IVA when it is approved.
Once the IVA has been accepted by vote at the creditors meeting, all creditors are bound by law to accept the arrangement. A credit or may refuse the IVA if that creditor owns more than 25% of the debt.
The decision to accept or reject an IVA is made by a vote of your creditors at a creditors meeting. You need to get 75% acceptance by debt value at that meeting for the IVA to go ahead. If less than 75% by debt value vote to accept the IVA, the IVA will fail.
No, an IVA is a legally binding process and, once it is set up, you cannot just cancel it if you change your mind.
If you fail to keep to the terms of the IVA, your IVA supervisor (the insolvency practitioner) has the right to apply for you to be declared bankrupt and your creditors may petition for your bankruptcy.
If you are unable to maintain repayments because of changed circumstances, your supervisor in the IVA can request a variation to reflect your new circumstances.
They generally last for up to 5 years.
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