Frequently Asked Questions
1. What is an Individual Voluntary Arrangement?
An Individual Voluntary Arrangement (IVA) is a legally-binding agreement between you and your creditors which promises to pay back as much as you can afford over a fixed period, which is typically only a percentage of your total debt. Your remaining debt is written off once your IVA has been completed. During your IVA, you are protected from legal action by your creditors. Your IVA is supervised by a licensed Insolvency Practitioner.
2. Is it true that I can end up paying more than I owe?
You will only be asked to pay more than originally agreed if your income significantly increases or if you receive a windfall, i.e. inherit money during the course of the IVA. The key is that an IVA must be affordable, and it must be fair. If you can afford to, you could be asked to pay your debts in full plus statutory interest and the costs of the Arrangement.
3. Not all of my creditors are listed on my chairman’s report. Are they all included?
All of your unsecured creditors are included in your IVA once accepted and are legally bound by its terms but only the creditors that have voted at your creditors' meeting appear on the Chairman’s report. It is important to disclose all of your debts to us prior to proceeding with an IVA.
4. What happens if my income reduces?
If you cannot afford to pay your full contributions, then you must tell your Supervisor immediately. If there is a genuine reason such as a change in income, then the Supervisor may write to your creditors to request a reduction in your contributions. The creditors understand that circumstances can change and are generally sympathetic in such situations, but may require an extension to the IVA or a compromise in return. Please remember that your creditors are under no obligation to accept any amended terms, and that if you do not fulfil the terms of your IVA then your Arrangement may fail.
5. Why do I need to fill in an RX1 form?
If you own a share in any property your creditors will want a valuation of your property to be performed before the end of the arrangement. If you have any available equity this will need to be paid into the IVA in addition to your contributions. The RX1 form is a way of legally restricting your property from being sold without your Supervisors consent.
6. How do I rebuild my credit rating?
If you prove to the creditors that you can use credit and stay within the terms, then your credit rating will steadily improve. Defaulting on your agreed payments will always damage your credit rating, and these missed payments are often recorded for up to six years.
7. What happens if my Individual Voluntary Arrangement fails?
If you are unable to meet your monthly IVA payments and you are unable to agree an alternative offer with your creditors, then your Supervisor may be required to fail your IVA. The money you have already paid will be distributed to your creditors (minus the fees of the Arrangement) and your creditors will be able to pursue you for any outstanding balance on the debts remaining.
8. When will my creditors be paid?
Your proposal (and any modifications by creditors listed in the chairman’s report) will state exactly how often your creditors will be paid, but this is typically once every 3 months.
9. If I have a joint debt in an Individual Voluntary Arrangement are creditors allowed to chase the other person for the debt?
If the other person is also in an IVA then the creditors cannot chase them. However if your partner, spouse or friend is not subject to an IVA then they will be liable for the full outstanding balance of that debt (less any payments made during your IVA).
10. If my income or expenditure change will my payments also change?
Often yes. The idea of an IVA is that you pay as much as you can reasonably afford. Your proposal (and any modifications by creditors listed in the chairman's report) will clearly state how much you are expected to pay if your income increases, and any flexibility you may have with your monthly payments in case of emergencies. If you are in any doubt over how much you are required to pay, then you should immediately contact your Supervisor.
If your circumstances drastically change in a way that makes it impossible to continue under the agreed terms of the IVA, then your Supervisor may write to your creditors and request that they consider new affordable payments.
11. Why do you ask me to prove my income/expenditure during the IVA?
The Supervisor is required to collect evidence of your income and expenditure on an annual basis to ensure that you are paying the correct amount into the IVA. Payslips and proof of key expenditure such as utility bills and mortgage repayments are essential in order to prove that your monthly payments continue to be affordable and the maximum that you can reasonably afford.
If this evidence is requested, then failure to provide it may result in the failure of your IVA.
12. Do the Income Review payments reduce the duration of the IVA?
No. Income Review payments are occasionally made due to significant increases in income; they are additional payments designed to take into account the fact that you are able to afford more.
13. As I earn extra money, can I pay some into the IVA as I receive it rather than waiting until the review has been conducted?
Yes, at your discretion you may make early payments to cover any future Income Reviews. In any case you should always keep any spare money aside and budget carefully to cover you for unexpected expenses.
14. When I receive my statements, the total outstanding still seems to be increasing even though I am paying my IVA, I thought all interest was frozen, why doesn’t it decrease?
Due to the Consumer Credit Act, your creditors are required to supply you with regular statements of your debt as it stands, including interest and charges. However, this is not the claim that will be accepted for the purposes of your IVA. Assuming that your IVA completes successfully, the accepted claim will be the debt as it stood at the date your IVA was accepted. The remaining balance including the additional interest will be legally written off.
15. Can I miss a payment during the IVA?
Missing payments is discouraged in all but the most serious situations, as it could result in the failure of your IVA. However, there are some circumstances in which this is unavoidable. If you are ever unable to pay your IVA contribution then you must contact your Supervisor as soon as possible.
16. Can I make a full and final offer to complete my IVA early?
Yes. If you are offered a lump sum by a friend or family member, then it is not uncommon for creditors to consider this as an early settlement payment, reducing the term of your IVA.
Remember that inheritances and windfalls must be paid into the IVA anyway in addition to your contributions.
17. How do I go about offering a full and final settlement?
Your Supervisor will advise you on how likely your offer is to be accepted and, if it is reasonable, he may write to ask creditors whether they will consider it. The process may take several months from offer to answer, and you would be expected to continue with monthly payments in the meantime.
18. Will I lose my house if I cannot obtain a re-mortgage?
If you are required to re-mortgage during the IVA and cannot, then there are often allowances to extend your IVA with 12 payments of your same monthly contribution instead. Please contact your Supervisor as soon as possible to discuss this.
19. After my IVA was accepted I received a call from a Bankruptcy company. Why?
When you enter into an IVA, your name is entered onto the Insolvency Register and is publically accessible online for the duration of your IVA. There are some companies who call individuals on this register with no other information and attempt to convince them that a different solution would be better for them.
If you receive a phone call or letter from these companies, please inform your Supervisor.
20. Can my name be taken off the Insolvency Register
No. The Insolvency Register exists for creditors to help them prove that you are in an IVA, and find the business address of your Supervisor.
If you have a genuine concern about this information being on the Insolvency register the Insolvency Service may consider its removal on an individual basis depending on your circumstances.
21. If I have extra money each month, if I pay it into the IVA – will my IVA finish sooner?
This depends on the exact nature of your proposal, and if you can afford to pay more than your monthly contribution then it is recommended that you discuss this with your Supervisor on an individual basis.
22. Why are my creditors still contacting me after my IVA has been accepted
When your IVA is accepted, a copy of the Chairman’s Report is sent to all creditors. However, large companies such as banks and credit card companies often take time to process this and pass the information to their debt collection agencies. If you continue to get contacted, then you should advise the debt collectors that you are in an IVA and that all correspondence should be forwarded to your Supervisor.
If you have taken the above action and are still being contacted by your creditors, please inform your Supervisor as soon as possible, and he will contact the companies in question to explain.
23. Are creditors entitled to send bailiffs to my home once my IVA has been accepted?
No. Once you are in an IVA your creditors must communicate with your Supervisor only, and must accept the dividend he pays them as full settlement of your debts (provided that the IVA completes successfully).
24. If creditors keep contacting me, is this harassment?
Not necessarily. In the vast majority of cases, a creditor will be contacting you because they are unaware of the IVA. The Supervisor of your IVA will always be happy to receive their phonecalls on your behalf and send them any written correspondence they need free of charge.
25. Is there any way of making a formal complaint against creditors who keep on contacting me?
The first action you should take when being contacted by a creditor is to inform your Supervisor. Your Supervisor will ensure that your creditor is made aware of the situation, and if they fail to recognise the IVA or refuse to stop contacting you then the Supervisor will take steps to ensure that you are adequately protected.
26. If I split up with my partner/spouse, can I split my IVA?
If your IVA is accepted on the basis that your partner or spouse is also in an IVA and making joint payments, then it is difficult but not unreasonable to split the two and make individual monthly payments.
In this instance your Supervisor will need to write to your creditors and propose new terms to your IVAs, and it is possible that your or your partner/spouse's IVA will fail.
27. Will creditors ever extend my arrangement
Creditors cannot change the terms of an IVA after that IVA has been accepted. However, if you are ever in breach of the terms of your IVA and would otherwise fail, then creditors may allow you to continue with the compromise that you extend the Arrangement or make additional payments. If this happens it will be discussed with you fully, and you will have the opportunity to negotiate or refuse their offer.
28. If someone has signed as a guarantor for one of my debts, are they liable for the debt?
Yes. Once they have paid the full outstanding balance of that debt, then they will act instead of that creditor as a creditor in your IVA.
29. Why do I have to sign and send back my Chairman’s Report?
Your Chairman’s Report contains modifications to the original proposal that were made by creditors when they agreed to your IVA. You must sign and return your Chairman’s Report to indicate that you have read and agree to these modifications.
30. When will my IVA finish?
Your IVA will finish when your Supervisor has issued a final report, and you are bound by the terms until this point. Typically an IVA will last 5 years from the date at which it is first accepted, assuming there are no outstanding matters.
31. What happens if I receive redundancy money or an inheritance?
Windfalls and inheritances are required to be paid into the IVA when they are received. This is in addition to your monthly payments and any income reviews. In the case where you can pay off your debts and IVA fees in full plus statutory interest, then you may no longer be required to make payments and your IVA will complete early.
32. Will my payments change?
Only if stated in the proposal (or any modifications stated in your Chairman's Report), or if your income or expenditure significantly changes. For example, if child benefits stop, or if a hire-purchase agreement finishes, or if your income increases. Please make sure that you understand your payment schedule before signing and returning your proposal, and read the Chairman's Report carefully.
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L Roberts from Braintree -
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