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Madison Financial | IVA Help | IVA Advice | IVA | What is an IVA?
   IVA – FAQ

How do I apply for an Individual Voluntary Arrangement - IVA?
Applying for an Individual Voluntary Arrangement (IVA) is quick and easy, simply call our debt free helpline on: 0800 692 2000 and speak to one of our experience debt advisors or complete our DEBT TEST to request more information.

Will my Individual Voluntary arrangement (IVA) be made public?
No, IVAs do not appear in the local or National press. However, they are recorded and help on an IVA register at the Department of Trade and Industry (DTI).

What if I miss payments to my Voluntary Arrangement –IVA?
One of your main monthly Priorities should be to pay your Individual Voluntary Arrangement (IVA) commitment as your creditors may take legal action against you if you don't. If your circumstances change and you face brief financial difficulties, it's possible to arrange a break from paying, you need to discuss this with your Insolvency Practitioner (IP) These missed payments can be added to your Individual Voluntary Arrangement (IVA) and it will lengthen the term by as many months you miss payments.

How long will it take to set up my Individual Voluntary Arrangement (IVA)?
It normally takes around 6 to 8 weeks to set up an Individual Voluntary arrangement ( IVA), but this process can slow down, if you do not produce all the relevant documentation that the Insolvency practitioner –IP requires within a set period of time (Normally the first 7/10 days)

What Documentation will I need to set up an IVA?
Your will need:
Mortgage / Rent Statements
Wage Slips –3 Months
Bank Statements –3 Months
Creditor Details –Most Recent
Photo I.D –Passport or Driving License
H.P Agreements –Car, Caravans etc
Vehicle Log Book
This information needs to be collected and returned with any IVA documentation, you have been asked to read and sign.

Can I settle my Individual Voluntary arrangement (IVA) early?
Yes, Individual Voluntary Arrangements (IVAS) can be settled early by paying a large cash sum, that will pay back the balance of debt, your Insolvency Practitioner –IP will discuss this with you.

Will the Individual Voluntary arrangement (IVA) stop my creditors taking action against me
Yes, BUT if you miss any monthly payments or stop making your monthly payment and you don’t inform your insolvency practitioner your creditors may take other action to recover the debt, such as bankruptcy.

Can I still have an Individual Voluntary arrangement (IVA) if I have had a bankruptcy order?
Yes. It's possible to cancel a bankruptcy and select an IVA by completing a 'Fast Track Individual Voluntary Arrangement' (FTVA) form. By doing this, your agreed payment must pay your creditors more than they would receive under a bankruptcy. If your creditors agree to your proposal, the Official Receiver will run the FTVA for you. As there are fewer set-up fees and costs, an FTVA is also cheaper than a typical IVA.

I am considering an IVA but my creditors are taking me to court. What shall I do?
Your Insolvency Practitioner - IP can apply to the county court for an 'Interim Order'. This stops your creditors starting bankruptcy proceedings against you. It also prevents other enforcement action without the court's permission. Better still, your insolvency practitioner can take care of this in around one week.

What if one creditor refuses to accept my Individual Voluntary Arrangement (IVA)?

Not all of your creditors have to vote yes for an Individual Voluntary Arrangement –IVA to be accepted. If 75% of the debt vote yes then your IVA has been accepted.

Can I cancel the Individual Voluntary Arrangement (IVA) once it's set up?
No, because an IVA is a legally binding agreement between both you and your creditors you both must abide by the rules and regulations of the IVA.

What happens if all my creditors don't approve my IVA?
If your creditors do not accept an Individual Voluntary Arrangement (IVA) then the only other options are a Debt Management Plan or Bankruptcy, However, creditors may not see a substantial return if you go bankrupt, so an Individual Voluntary arrangement (IVA) would be more realistic.

How many creditors do I need to owe before you'll accept me for an IVA?
You need at least 3 separate creditors to apply for an Individual Voluntary Arrangement (IVA).

What if I have a windfall of money?
If you come into enough money to clear your Individual Voluntary Arrangement (IVA) then the agreement can be ended at any time, but there must be enough to clear you outstanding debt.

Can I get a new mortgage when my IVA finishes?
Yes, But mortgage lenders will complete a full credit search to look at your financial history and an IVA may affect your mortgage application.

Can I arrange an Individual Voluntary Arrangement (IVA) directly with my creditors?
No, because an Individual Voluntary Arrangement (IVA) is a legally binding contract that requires a 'nominee' to handle your repayment proposal, and a 'supervisor' to take care of your IVA from there. Your insolvency practitioner will usually perform both roles.

Will I have to close my bank account?
You will only have to change your Bank Account if you have a debt with your bank, all debts must be included on an Individual Voluntary Arrangement (IVA). If you don’t have a debt with your bank then you can bank with them as normal, our experience debt advisor will talk you over some other bank accounts.

How much can I afford to pay into my IVA each month?
Our Insolvency Practitioner will discuss your household income and expenditure. At this point no unsecured debts have been factored in. By deducting your expenditure from your income you are left with residual or disposable income which is the funds from which you pay contributions to your unsecured debts.

In the example detailed below we would expect you to make a contribution to your IVA of £200 to repay your unsecured creditors.

Monthly Income Monthly Expenditure
Your Wage £1,200
Partners Wage £600
Mortgage / Rent £700
Council Tax £100
Other income (benefits, maintenance) £100
Water / Gas / Oil / Electricity / Phone / Mobile £100
Food/Household/Clothing £400
Car Expenses / Finance £150
TV License/Rental/Sky £30
Public Transport £20
Total Household Income £1800
Public Household expenditure £1600
Monthly disposable income £200
So how much debt is written off in an IVA?
Each case is unique and what your creditors accept depends on your personal financial circumstances.



Example of Debt Write off:
Your unsecured debts £30,000
Contracted Monthly Payment £750
Disposable Income £250 (from the above example)
No. of months in your IVA 60
Contributions to your IVA £15,000 (£250/month x £15,000)
Debt written off £15,000 (£30,000 - £15,000)
Fees £3,000
Amount available to your creditors £12,000 (£15,000 - £3,000)
Debt written off £18,000 (£30,000 / £12,000)
Debt written off 60% (£18,000 / £30,000)

You will find a number of companies, especially on the internet, claiming that they can write off up to 75% of your debt. Whilst the words "up to 75% of your debt is written off" may be true, it is not the whole truth. At Harrington Brooks, we don't hide behind the words "up to". We have proposed IVAs with 80% of debt written off, but the norm is between 50-60%. We advise that you ignore companies who claim to write off up to 75% of your debt.

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