An IVA or individual voluntary arrangement is an increasingly popular option for people in the UK who are faced with serious debt problems. It was originally an initiative of the UK government, intended to provide an alternative to bankruptcy for small businesses, but is now widely used for personal debt. In the US, the nearest equivalent is debt settlement, which is also a radical alternative to bankruptcy. An IVA has several advantages over bankruptcy, which is a more serious course of action, but it is still a legally binding agreement so should not be entered into without proper consideration.
All IVAs must be handled by properly licensed Insolvency Practitioners, but the initial arrangement is normally dealt with through one of the many IVA specialists now providing this service in the UK. As in any area of work, some are better than others, and given the serious and lasting implications for the person seeking an IVA, it is important to take care to select the right IVA company to deal with your situation. I think it is helpful before applying for an IVA to have a good understanding of what it involves, so I am going to summarise the main points first. Then we can look at what to consider when looking for a company to handle your IVA.
An IVA is designed for UK residents, usually with at least £15,000 of unsecured debt to at least 3 different creditors, though some companies will do it for less than this. Unsecured debt means debt which is not secured against your home, such as a mortgage or secured loan. Unlike a Debt Management Plan, which is an informal agreement with creditors, an IVA is a legally binding arrangement. Provided at least 75% of your creditors agree to it, then any creditor who objects is also bound by it. Therefore if you have tried to set up an informal agreement and it has failed because some creditors will not agree, an IVA can be a way around that situation.
The agreement is normally for five years, and involves a fixed monthly payment to your practitioner over that period. Professional fees for the Insolvency Practitioner are normally built into the monthly payments.
Once you set up an IVA, your creditors can't take any further action against you, and can’t hassle you for payment. Any contact has to be through your Insolvency Practitioner. As they cannot take action during the arrangement, you cannot be made bankrupt during the course of the IVA. However, if you default on payments and therefore break the agreement, you can still be made bankrupt.
There will be no newspaper adverts or other notices that can lead to the stigma sometimes associated with bankruptcy. Neither will you be prevented from working in certain jobs as you would be with bankruptcy.
When looking around for the best IVA specialist, the most important thing to say is that they vary a lot, so do not just go for the first one you come across. Follow reviews and recommendations, and bear in mind some of the following:
It is helpful if the application process is as simple as possible, but remember that one way or another they need to get quite a lot of detail from you, otherwise they cannot give you proper advice. They need to know the facts in order to offer the best alternatives for you. One of the most convenient ways to apply is to submit an online form with some basic details, then they can call you back to get any other information they require.
Apply to more than one and compare not just the repayments offered, but how you feel about the people you are dealing with. Do they treat you as an individual and cater for your particular needs, or are you being squeezed into a box that is more to do with their needs than yours? You will need to discuss all sorts of personal information with these people, so you need to feel comfortable with the individuals concerned.
Be very wary of ridiculous boasts of writing off 90% of your debts. This just does not happen and is misleading. Look for companies that are well established, not newly set up, and which specialise in IVAs and debt management, rather than ones who do a bit of it as an add-on to their other business.
Read recommendations for the most reputable UK IVA specialists.
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