By using an IVA you agree to make regular affordable payments towards your debts for up to five years, and after than any debts left are written off. This is a very effective way of eliminating huge debts that you just cannot afford to pay back. For some people this can mean writing off about 75% of their debt.
You will only be considered for an IVA debt solution if you have debts of ?15,000 or more to a few different creditors. The debts have to be unsecured, which means you are not able to include mortgage debts or other loans secured against assets. For most people, the majority of their debts are made up of Credit Cards and personal loans and bank overdrafts, all of which are unsecured and can be included in an IVA debt solution.
For an IVA debt solution to work, the majority of your creditors need to vote in favour of it. Given that agreeing to an individual voluntary arrangement almost certainly means agreeing to considerably reduce how much money they get back from you, creditors are not likely to do this unless your situation is clearly very serious. If a creditor has reason to believe that you could actually afford to pay them back if you really wanted to, they are unlikely to agree to setting up an IVA, so you need to be able to demonstrate that it is just impossible to repay all that you owe.
One advantage of the legally binding nature of an IVA debt solution is that you only need the creditors for 75% of your debts to agree to it for the other creditors to be bound by it too. So if most of your creditors agree, but you have one of two creditors who are reluctant, they will have no option but to join in too, provided they are not owed more than 25% of the debt. This can be a big help in getting an IVA set up, and is something that you cannot do with informal agreements like debt management plans.
One of the worst aspects of being in debt can be the constant calls from creditors seeking overdue payments. Another legal consequence of an IVA debt solution is that your creditors are legally prohibited from contacting you and are not allowed to take any legal action against you either. All their dealings and communications have to be with the Insolvency Practitioner who sets up the individual voluntary agreement for you.
To arrange an IVA debt solution you need to first approach a specialist debt company so that they can assess your situation and see if an individual voluntary arrangement is possible for you. It is best to apply to a few different companies before deciding which advice or proposal you want to accept. You can apply to any of the leading IVA debt solution specialists without any obligation to accept what they propose. Look for a list of recommended IVA providers that you know are reputable and effective.
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