What is an IVA?

Not every type of debt can be consolidated into an IVA, so it’s essential to know precisely which ones may be covered and which of your debts you will have to continue paying separately.

• Credit Cards
• Payday Loans
• Overdrafts
• Arrears on utility bills, e.g. Gas / Water / Electric bills
• Council Tax arrears
• Benefit Overpayments
• Tax Credit
• National Insurance
• Personal Debts, e.g. money owed to family and friends
• HMRC debt

You cannot include your ‘secured’ debts in an IVA, and you should keep up regular payments towards these so that you do not accrue further debts.

A few examples of debts that an IVA can not cover are:

• Mortgages
• Student Loans
• TV License Arrears
• Court Fines
• Child Maintenance
• Unpaid VAT bills

Not every debt solution is suitable for everyone, so we’ve listed below some aspects that make an IVA a great option and some other essential things to consider.

Advantages

• An IVA can write off a large sum of your debt
• You only pay back what you can afford
• The agreement is legally binding, so your creditors have to stick to it, and extra charges and interests remain frozen
• Your creditors are not allowed to contact you directly for the duration of the plan – your Insolvency Practitioner deals with them on your behalf
• You will be given a clear end date for the IVA
• IVA will not cause you to lose your home as long as you keep up with your regular mortgage payments

Disadvantages

• If you receive a lump sum of money during your IVA, your creditors may require you to pay this towards your debts
• You may be asked to release equity from your home – if this isn’t possible, then your plan may be extended by 12 months
• Your credit rating will be affected for the duration of the plan and one year following its completion
• Your name will be visible on the Insolvency Register, which is publicly accessible.
• If your IVA fails for any reason (e.g. you do not maintain the agreed monthly payments), your creditors will be able to resume collections activities
• You will be expected to live within an agreed budget for living expenses during your IVA
• You will be expected not to obtain additional credit of more than £500 without the approval of your IVA Supervisor

Read more about IVA Pros and Cons.

The monthly payment that you will make will be based on your disposable income (what’s left each month after your usual living costs) and will always remain affordable, even if things change.

This payment covers your debts, as well any fees related to the IVA, so there will be no additional or hidden charges. Any fees will all be explained to you thoroughly before anything is signed, and they include:

A nominee’s fee
Supervisor’s fees
Costs/expenses

For a further breakdown of what these include, then read more about IVA Costs and Fees.

Many aspects make an IVA an excellent option for you to deal with your financial difficulties.

Here’s a quick comparison with a few other options you may come across when looking for debt help.

Bankruptcy or IVA

While both of these options may see you writing off large portions of your debt, there are key differences between going bankrupt and going insolvent (IVA).

Here are a few examples:

• Bankruptcy may see you selling your assets, including your home, to cover your outstanding debt. With an IVA, you will never be forced to sell your home.
• Bankruptcy is a court order, whilst an IVA is an ongoing agreement between you and your creditors.

Here’s some further information if you are choosing between an IVA or Bankruptcy

Debt Management Plan (DMP) or IVA

Both of these options do allow you to consolidate your eligible debts into one payment; however, some key differences are worth noting:

• A DMP is an informal agreement, whereas an IVA is legally binding.
• On a DMP, your creditors may still try to contact you about your debts, whereas on an IVA, creditors can not contact you directly – your Insolvency Practitioner handles any communication.
• An IVA will be suitable for at least £6000 or more in debt, but a DMP may help those with lower debts of £1,500+.

We have some useful information to consider if you’re looking at a DMP or IVA.

There is not just one type of IVA – different options are available depending on your circumstances. We’ve listed a couple of alternatives below so you can understand what’s available:

Self-employed
You can still enter an IVA if you are self-employed. You will still make monthly payments based on your affordability, but it works slightly differently:

Business Credit
You may require credit to keep your business going whilst on the IVA. This can be negotiated in your initial proposal to your creditors, to be agreed on before the IVA commences. Creditors aren’t likely to reject without reasonable cause, but you must keep up repayments for business credit in good time to avoid further financial issues.

Varying Income
A self-employed IVA considers that businesses may have seasonal/varying income, so you are allowed some flexibility. You must provide accurate statements regarding your income and expenditure so that your IVA payments may be adjusted accordingly. You must regularly provide this information to your Insolvency Practitioner so that you only pay what you can afford and avoid any issues with creditors.

Trade
An IVA can be negotiated without including debts owed to specific traders if your business is to continue trading with them throughout the IVA. This will be negotiated during the initial proposal period and allow you to continue making separate payments to those traders, so your business will not be compromised.

Joint IVAs
These may be included in an IVA if you have any joint debts. It’s important to note that if one person enters an IVA but the other doesn’t, it will still impact both credit files.

Instead, if there is an eligible amount of debt between two people, both can set up individual IVAs and include any joint debts. This is subject to creditors agreeing to the merging of debts and terms of the IVAs themselves, but if approved, both IVAs can be covered by only one monthly payment.

With any debt solution, it’s essential to make sure you’re making a well-informed decision about what’s right for you.
You must also be able to commit to paying each month’s payment on time and be transparent and honest with your Insolvency Practitioner about any changes in your circumstances to avoid risking your IVA being voided.

No solution will be able to clear your debts overnight – if you stick with the IVA, you will likely be debt-free in 6 years and back on your way to building your credit and moving on financially.