An Individual Voluntary Agreement can help anyone who is beset by problems clearing their debt. It is an particularly tempting option to family’s who would risk losing their house if they were made bankrupt.
An IVA can help you if;
Your creditors have not agreed to an informal debt management arrangement
You formerly had an informal arrangement, but you could not keep up with its provisions.
You have so many creditors that an informal debt management arrangement would be impractical. You you are in danger of being made bankrupt, alternatively you are currently bankrupt and you want to reverse that position. You formerly had an informal arrangement, but you could not keep up withits terms.
Your creditors have already refused to accept an informal debt management agreement
You could be made bankrupt, or you have already become bankrupt and you want to reverse that situation.
You have so many creditors that an informal Debt Advice arrangement would not be practical.
You may have a small company which you would be unable to keep operating if you became bankrupt. You would lose your job if you became bankrupt, jobs such as accountants, solicitors, police man and armed forces. You have access to a significant amount of money but it is still insufficient to completely repay your debts. You want a formal arrangement with your lenders to accept that lump sum and write off the balance of what you owe.
You have equity in your house. You wont necessarily lose your house if, with the agreement of the IP and your creditors, it can be kept out of the IVA. However, your creditors will normally ask for as much of the equity in your house as they can get. With an IVA you are less hampered restricted as with bankruptcy. EG, with an IVA or Individual Voluntary Agreement you are not obligated to notify your building society. Therefore, you can still be able to use your bank account.
And the disadvantages?
If you fail to comply to the terms of your IVA, then the Insolvency Practitioner who is supervising your Individual Voluntary Agreement (IVA) or your lenders, can petition for your bankruptcy.
If 75% of your creditors fail to agree to your proposed Individual Voluntary Agreement you are effectively back to where you started. It will be twelve months before you can make another IVA proposal. You should carefully consider your paperwork.
If you are a homeowner, it could be that under the terms of the Individual Voluntary Agreement (IVA) you have to sell your house. An alternative method is to include a clause in your IVA where you have your home appraised after an agreed number of years with a view to releasing the “equity” in your property at that time, to your creditors. Your lenders may agree to you paying monthly IVA instalments for an additional year to cover the amount of equity in your home.
If your money situation alters and you are unable to afford the payments, unless your Insolvency Practitioner can convinceyour creditors to accept a revised arrangement, your IVA will terminate. This will mean you are facing bankruptcy.