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An IVA is an Individual Voluntary Arrangement whereby the creditors could accept a proposal of payment normally over 60 months, any outstanding indebtedness is normally written off by the creditors. There is also a possibility of a third party lump sum being offered to the creditors in respect of the applicant which could again be accepted by the creditors as a full and final settlement. This is effectively an alternative to bankruptcy An Individual Voluntary Arrangement could be completed in as little as 12 weeks through to 60 months depending on circumstances. Financial Rescue Package (Individual Voluntary Arrangement) Debt Service Advice is currently modifying its services to further assists applicants who are considering an Individual Voluntary Arrangement. Debt Direct Ltd strives to seek a balance between creditors and debtor alike where both can live in harmony and reach a realistic solution. Debt Service Advice can approach creditors on behalf of the debtor on 2 basis: One informal, the second being a Formal, both are based on a Voluntary Arrangement agreement. An informal Voluntary Arrangement is whereby Debt Direct Ltd would try to achieve an agreement with the creditor(s) in respect of the outstanding debt and borrowings. This can be achieved at times as creditors would not have the same insolvency fees to consider, thus their return would be greater. The second is by way of a Voluntary Arrangement proposal which is prepared for consideration by all creditors and ratified by the court. In recent months creditors are seeking a larger return on their debts and thus the informal IVA now appears to be taking centre stage. These are two nice responses we’ve received from recent clients
“I felt depressed with nothing to live for.” “When contacting Debt Direct Ltd I was at a low and struggling with Debt, it had gone further in that it was affecting my marriage and my children. Debt Direct Ltd did not judge me in any way and treated me like a human being, after I had summarised my problems I was told not to panic. From that first day of contact, Debt Direct Ltd have been at our sides and we have been able to re-establish ourselves through an IVA but better than this was that our mortgage arrears have been restructured so that we can now live in peace and harmony and a fordable lifestyle. One can say we are a little bit thinner but we can live with that as it has left us happy within ourselves. Anyone in a similar position should contact Debt Direct Ltd for help be it Debts, IVA or bankruptcy. They are not judgemental and install a belief that further borrowing is not the best route.”
“I had nowhere to go” “Having gotten myself into mortgage arrears to the point of a repossession notice and with the possibility of eviction I came across Debt Direct Ltd through the local Ad Mag (newspaper). I was in a mess but from that first call I felt a weight had been lifted from me. Debt Direct Ltd contacted my building society and arranged a repayment schedule to bring my arrears into line. It did not stop here, I had many other Debts for which I could not make good. Having completed an Income & Expenditure for Debt Direct Ltd, they were able to establish what options I had, and it was thought that the best option was an IVA. My Debts were over £32,000, however my creditors have agreed a monthly contribution of £280, far less than I was paying my creditors. It now looks like we can have a summer holiday and life is on the up. I would like to say a big thank you to the Debt Direct Ltd Team who have been wonderful. “ We do not give False Hope. The above are extractions from the letters received without the customers details for the sake of their privacy Questions That We Frequently Come Across IVA Q) How long will an IVA (Individual Voluntary Arrangement) last? IVA Q) Can I afford an IVA (Individual Voluntary Arrangement)? Insolvency Q) Will I lose my home? IVA Q) Will an IVA (Individual Voluntary Arrangement) affect my credit rating? Insolvency Q) Can I have a bank account? Insolvency Q) If I had a wind fall (e.g. Lottery Win) will I have to make a payment to your creditors. Insolvency Q) Should I have a change of circumstances, what should I do? Insolvency Q) Do I have to keep updating my affairs? Insolvency Q) What happens if I cannot maintain the payments? IVA Q) Is an IVA bankruptcy? Insolvency Q) What costs would I encounter? IVA Q) Will an IVA affect my property? IVA Q) What is the difference between an IVA and Debt Management? IVA Q) What are the costs involved in an IVA? IVA Q) What is the estimated timescale of an IVA? IVA Q) Is an IVA is subject to creditors approval? IVA Q) Will an IVA affect my personal banking? Insolvency Q) Is there an IVA register? IVA Q) What happens if I cannot complete my IVA agreement? Insolvency Q) Is an IVA suitable for business purposes? IVA Q) Will an Individual Voluntary Arrangement affect my pension? Insolvency Q) Is there any legislation covering an IVA? IVA Q) What is the purpose of an Individual Voluntary Arrangement? Insolvency Q) If I enter an IVA will I lose my personal assets? Insolvency Q) What does an IVA do? Debt Q) What proportion of debt can be written off? Insolvency Q) After the completion of an IVA, am I debt free? Insolvency Q) How is an IVA prepared? IVA Q) How do I go about setting up an IVA? IVA Q) In the main, how long does an IVA last? Insolvency Q) How much will I have to pay in monthly contributions? Debt Q) What alternatives are available covering my current debts?
Recent Insolvency Questions & Answers Insolvency Q) Can I afford an IVA (Individual Voluntary Arrangement)? A) An IVA agreement will be dependent upon disposable income.
Bankruptcy Q) If I become bankrupt or enter an IVA will I lose my home? A) Normally in an IVA your home will be fully protected unless you default resulting in bankruptcy.
Insolvency Q) Is there any Insolvency legislation? A) IVA legislation relating to Insolvency can be found in the 1986 & 2000 Insolvency Act’s.
Insolvency Q) Will an IVA (Individual Voluntary Arrangement) affect my credit rating? A) Once an IVA has been approved you will be unable to borrow and it will have an affect for a period of time on your credit rating.
Insolvency Q) Can I have a bank account if I enter an IVA? A) Whilst in an IVA you can run a bank account in the normal manner.
Insolvency Q) If I was in an IVA and had a wind fall (e.g. Lottery Win) will I have to make a payment to creditors. A) Any wind fall during an IVA or gift should be brought to the attention of your Insolvency Practitioner (I.P.) who is overseeing your affairs.
Insolvency Q) If I was in an IVA or bankruptcy and should I have a change of circumstances, what should I do? A) If in bankruptcy or an IVA any change of circumstances should be addressed through your Insolvency Practitioner who will guide you.
Insolvency Q) If in Insolvency do I have to keep updating my affairs? A) The Insolvency Practitioner overseeing your IVA will require you once a year to submit any change in circumstances that may have occurred over the previous 12 months.
Insolvency Q) If I was in an IVA what would happen if I cannot maintain the monthly payments? A) A formal IVA agreement would be binding and therefore if one finds themselves in a position whereby as change of circumstances they cannot fulfil their agreement payments, then they should seek advice at that time from their Insolvency Practitioner.. It is possible that your Insolvency Practitioner could apply for a variation to your IVA agreement.
Bankruptcy Q) Is an IVA bankruptcy? A) An IVA is an alternative to bankruptcy, without the stigma and restrictions of a bankruptcy.
Insolvency Q) What costs would I encounter if I entered an IVA? A) Costs within an IVA are built into the premiums paid by the applicant, many companies state that there are no costs and this is not the case. There are ongoing discussions within the Insolvency Industry to reduce the overall costs which will allow creditors to be more sympathetic, resulting in more approvals.
Insolvency Q) Will Insolvency affect my property? A) Your property will only be affected if it is within your IVA proposal. An IVA proposal being accepted could in certain circumstances affect the equity within your property at a later date and therefore it is imperative that you are aware of such.
Insolvency Q) What is the difference between an IVA and Debt Management? A) An IVA is an Individual Voluntary Arrangement based on an agreement between 3 and 5 years and supervised by an I.P. (Insolvency Practitioner). A Debt Management is an unregulated agreement that could take much longer to conclude and it is unlikely you will receive a similar discount to an IVA agreement.
Insolvency Q) What are the costs involved in Insolvency? A ) Many companies state that there are no costs within an IVA, this is not the case as any costs are built into the premiums paid by the applicant to the I.P. The I.P. has a set up cost and fee and will have an overall cost for managing the proposal, resulting in a reduced dividend to the creditors.
Insolvency Q) What is the estimated timescale of an IVA? A) Timescale of an IVA will depend on the applicant providing all the necessary documentation to allow a proposal to be placed before the creditors. The IVA proposal can be in various formats, however the normal is between 3-5 years (36-60 months) unless a third party payment is injected as a capital sum. If this was to happen and accepted by the creditors, then the IVA timescale would be much reduced and could go be as little as 3 months.
Insolvency Q) Is an IVA subject to creditors approval? A) An IVA proposal is subject to approval by the creditors and requires a 75% acceptance, should an acceptance not take place then a variation of the IVA proposal could be modified and presented for consideration.
Insolvency Q) Will Insolvency affect my personal banking? A) An IVA will almost certainly affect your personal banking in that you will be restricted to further borrowings set by your I.P. You will be unable to utilise bank accounts that form part of your IVA proposal.
Insolvency Q) Is there an Insolvency register? A) Yes
Insolvency Q) What happens if I cannot complete my IVA agreement? A) Should you find yourself with a change of circumstances to the IVA agreement, it is possible that your I.P. on your behalf could request a variation to your IVA agreement. The alternative being bankruptcy.
Insolvency Q) Is an IVA suitable for business purposes? A) There are provisions for a business IVA (CVA) for sole traders and businesses alike and work on similar lines to that of an Individual Voluntary Arrangement.
Insolvency Q) Will Insolvency affect my pension? A) An IVA will only effect your pension if it forms part of the IVA proposal agreed by the creditors.
Insolvency Q) Is there any legislation covering Insolvency? A) Legislation in respect of an IVA is covered by the 1986 nsolvency Act and the 2000 Insolvency Act.
Insolvency Q) What is the purpose of an IVA? A) The purpose of an IVA is that, it is an alternative to bankruptcy without the stigma of bankruptcy whereby one can make a proposal to existing creditors that would result in a better return for the creditors against that of a bankruptcy.
Insolvency Q) If I enter an IVA will I lose my personal assets? A) Personal assets within the IVA will have to be declared to the IP (Insolvency Practitioner) who will decide on what should be inclusive within the assets of any IVA proposal presented to the creditors.
Insolvency Q) What does an IVA do? A) An IVA is beneficial in that a one monthly contribution is paid to the I.P who in turn will distribute it to the various creditors. At the end of the IVA any outstanding debt is normally written off making one debt free. An IVA further removes the hassle of creditors and debt collectors calling and more importantly it lets one get their life back, it is also an alternative to bankruptcy without the stigma.
Insolvency Q) What proportion of debt can be written off with an IVA? A) Many companies promise what they can not put into practice. Creditors are more aware and are seeking a higher return in respect of the debt. There are no formal guidelines and normally it will be on a case by case on any IVA proposal.. It is worth noting that it will be the creditors who decide any IVA proposal and what debt they are prepared to discount. As a guideline it will be very much based upon disposable income.
Insolvency Q) After the completion of an IVA, am I debt free? A) If you fulfil your IVA agreement then any debt is discounted (See 1986 Insolvency Act).
Insolvency Q) How is an IVA prepared? A) An IVA is based upon the information received from the debtor, at times this is cross referenced with various agencies, property valuations and income and expenditure, there also maybe other issues that need to be taken into consideration such as insurance policies or hirer purchase. The I.P has to have an overall view before he can make recommendations or prepare an IVA proposal for consideration by creditors.
Insolvency Q) What information is used within an IVA proposal? A) All relevant personal information covering income and expenditure, debts, mortgage, insurance, pensions and any other relevant information required by the I.P to formulate an IVA proposal.
Insolvency Q) How long does an IVA take to be implemented? A) The preparation of an IVA will be dependant upon the debtor providing the necessary information required by the I.P and will vary depending upon the content within the IVA proposal.
Insolvency Q) What is an Insolvency Interim Order? A) An Interim Order can be requested by an Insolvency Practitioner on behalf of the debtor through the local courts, whereby there will be a restriction on any court action until the creditors have had the opportunity to consider a proposal of payment via an IVA for the debtor.
Insolvency Q) Will Insolvency affect my employment? A) Normally an IVA will allow the debtor to continue in their employment without interruption.
Insolvency Q) What happens if my IVA fails? A) The creditors can reject any IVA proposal however in most cases a new application can be presented with IVA variations included. The alternative being that should the creditors over all reject then bankruptcy could then follow.
Insolvency Q) What happens if I default with my IVA agreement? A) Should a default take place within an IVA agreement the I.P or Insolvency Practitioner can fail the IVA agreement which could result in a bankruptcy application.
Insolvency Q) What is an IVA variation? A) An IVA proposal could be presented whereby a single or more creditor(s) require other factors in being built into the IVA agreement. A second point could be that the financial circumstances have changed and as a result the I.P goes back to the creditors seeking a variation of the IVA agreement.
Insolvency Q) Will Insolvency restrict further borrowing? A) The clear answer is yes, however the best advice would be to seek clarity from the acting I.P.
Insolvency Q) Will Insolvency affect my credit cards? A) Yes. Restriction on credit is automatic however one should seek clarity from the acting I.P.
Insolvency Q) Is an IVA a binding agreement? A) An IVA or Individual Voluntary Arrangement, is a binding agreement between creditor and debtor.
Insolvency Q) Should I get legal advice before signing any IVA agreement? A) Almost certainly we would advise that any debtor seeks advice from their solicitor on any proposal to be presented to creditors, as any agreement IVA will be formally binding.
Bankruptcy Questions
Bankruptcy Q) Is bankruptcy the right choice? A) Before entering into bankruptcy, one should explore all avenues as such a decision may have a long lasting effect on ones life and credit history. Bankruptcy should be the last resort if one finds that their financial situation is not sustainable to make a binding agreement with creditors. A guideline would be income and expenditure and disposable assets, along with pressure from creditors. Some people can not take the pressure or hassle one would encounter from the creditors or their representatives and feel that bankruptcy is the easier option. There are plenty government bodies providing advice and this root should be taken before any action.
Bankruptcy Q) What are the alternatives? A) Alternatives come in different formats; an IVA for instance is an Individual Voluntary Arrangement whereby an agreement maybe reached between the debtor and the creditor(s). If you are a home owner you maybe able to, increase your current mortgage and consolidate any additional debts. It is possible that the debtor can downscale their property resulting in release of equity to service or clear any other outstanding debts. Other alternatives maybe available and will only result with additional information.
Bankruptcy Q) If I were made bankrupt, what would be the process? A) If one was made bankrupt the Insolvency service overseeing my affairs may require you to undergo a public examination of your finances.
Bankruptcy Q) Will have I have to attend a court? A) Most people attend court however it is not compulsory.
Bankruptcy Q) How long a bankruptcy last? A) A bankruptcy will normally run for a period of 12 months however in some cases this can be shorter, there is also provisions for to extend bankruptcy periods.
Bankruptcy Q) Will a bankruptcy effect my employment? A) Bankruptcy will almost certainly effect your employment if say you were a police officer, security guard or an MP these are only examples and there are many other areas that could be effected.
Bankruptcy Q) What will happen to my property if I go into bankruptcy? A) It is more than likely if one is made bankrupt that the property would be sold with any surplus being credited to the estate.
Bankruptcy Q) What are the costs involved in a bankruptcy? A) If one makes themselves bankrupt which can be done through the local court there will be costs attached to any application they normally vary between £450-600. If one is made bankrupt then the costs come out of the estate.
Bankruptcy Q) Will a bankruptcy affect my personal banking? A) Bankruptcy will almost certainly effect your personal banking as you will be curtailed to further borrowing and in most cases banking facilities.
Bankruptcy Q) Is there a bankruptcy register? A) Once made bankrupt a notice will be placed within the national paper in your locality as well as the London Gazette, it is then registered on the bankruptcy register.
Bankruptcy Q) Will a bankruptcy affect my pension? A) Should one be muptcy register.
Bankruptcy Q) Will a bankruptcy affect my pension? A) Should one be m | ||||||||||||||||||