What is an Individual Voluntary Arrangement?
An Individual Voluntary is a formal agreement you enter into with your creditors whereby you agree upon a lower monthly payment and, usually, within 5 years your debt is considered settled, regardless of how much you have paid off. Due to its formal nature it must be drawn up by a licensed professional therefore be prepared to pay an upfront fee for the privilege. Your financial situation will be evaluated and a repayment plan will be drawn up which you will have to sign.
Once the forms are all signed an Interim Order will be issued by the court to freeze and impede any legal action from being taken against you by your creditors. A meeting will be organized with all your creditors which you will have to attend where your creditors vote whether or not to accept the IVA. Unlike a debt management plan, an IVA is a legally binding agreement and if the creditors who represent 75% of your debt vote for the IVA then the remaining 25% have to accept it as well as it is law.
Advantages of an IVA
The main advantage of an IVA is that you will be debt free within 5 years and up to 75% of your debt can be written off. Your home and other assets will also be protected and you will also suffer from no professional disqualification, unlike filing for bankruptcy. Of course, you will also be making much lower monthly payments but note that your wage slips are monitored and if you earn more then you will pay more.
Disadvantages
As with anything there is also a flip side. The main problem with an IVA is that you must have a minimum of 15,000 in debt to at least 3 creditors and you will also have to make a minimum payment of 200 per month. If you fail to make your payments stipulated in the IVA then you will automatically be made bankrupt and your IVA will show up on your credit report for 6 years. It is also important to remember that lying on you IVA application is a criminal offence.
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