How to Apply for an IVA

Are you struggling with debt and feeling like there is no way out? An Individual Voluntary Arrangement (IVA) can be the answer. It is a legally binding agreement between you and your creditors that allows for reducing or clearing your debts in an organized manner. This article will discuss how to apply for an IVA, the steps involved in the process, and how Credibble can help make it easier. By taking advantage of this arrangement, you can get back on track financially without worrying about further debt accumulation.

Want to Apply for an IVA? Follow Our Step-by-Step Guide

Applying for an IVA requires careful consideration and preparation. The process begins with getting advice from a qualified insolvency practitioner. They will assess your financial situation and offer guidance on the best course of action, whether an IVA or another debt solution. Next, you need to propose to creditors outlining your repayment plan.

STEP 1: Learn How an Individual Voluntary Arrangement (IVA) Can Help

An Individual Voluntary Arrangement (IVA) is a legally binding agreement between a debtor and their creditors, which allows them to settle debts in an organised manner. This arrangement enables individuals struggling with debt to repay their liabilities in a way that suits their current financial situation. Through this arrangement, creditors agree to reduce the total debt or write off a portion, allowing the debtor to pay back what they can afford in a reasonable timeframe.

Who Qualifies for An IVA?

An IVA is available for individuals in England and Wales struggling to repay their debts. To qualify for an IVA, you must:
1. Have unsecured debts of at least £5,000.
2. Have two or more creditors to whom you owe money.
3. Be able to commit to affordable repayments each month.
4. Have sufficient disposable income to make the required payments into an IVA.

STEP 2: Speak with an Advisor – Credibble

When seeking advice on whether or not an IVA is a suitable debt solution, it is important to speak with a qualified insolvency practitioner. Credibble has an expert team of advisors who provide support and guidance on the best way to deal with your financial situation, including advice on whether to apply for an IVA. We are committed to helping you make informed decisions, ensuring that your finances are managed to benefit you and your creditors. Click here to see your options.

STEP 3: Gather Information Related to Your Overall Financial Situation

Before applying for an IVA, it is essential to provide evidence of your financial situation. This will involve gathering a wide range of information about your income, expenditure, assets, and liabilities.

To calculate the disposable income you have available to repay creditors via an IVA, you’ll need to provide details on your current expenses, including rent/mortgage payments, bills, food costs and other necessary spending. In addition, it’s important to provide accurate information on other income sources, such as wages from employment or money received from benefits or investments. It’s equally important to outline any debts, such as those owed on credit cards or loans, to determine the total amount that needs repaying.

Once the insolvency practitioner has gathered and analysed all this information, they can decide whether an IVA will likely suit your circumstances. This will involve establishing a repayment plan which outlines how much money you are expected to pay each month towards settling your debt. The proposal must also include details of what would happen if you could not keep up with payments in the future or if there was a change in your financial situation.

It’s important that the proposed repayment plan is realistic and achievable for you for creditors to accept it. If creditors disagree with the terms set out in the plan, alternative solutions may need to be considered. Credibble has experienced professionals who are experts at helping individuals submit successful IVA proposals and come to agreements with their creditors.

Applying for an Individual Voluntary Arrangement (IVA) can be a great way of dealing with debt if it fits your situation and results in an agreement that both parties are happy with. Gatherings all the relevant information related to your finances is an important part of applying for an IVA and should not be overlooked, as it will help ensure that the process runs more smoothly and successfully!

IVA UK – What Information Will I Need to Have?

When applying for an IVA in the UK, there are certain key pieces of information that you will need to provide. This includes details of your income, expenditure, assets and liabilities.

Income: You must provide evidence of your current income, such as wages or benefits. You must accurately report all sources of income so that a repayment plan can be calculated based on what you can afford.

Expenditure: You must provide details of all your expenses, such as rent/mortgage payments, bills and food costs, to determine how much disposable income is available to repay an IVA.

Assets: Any assets such as property, cars or savings must be declared when applying for an IVA. This allows creditors to determine whether it is possible for any funds from these sources to be used towards repaying the debt.

Liabilities: All existing debts must also be declared when applying for an IVA so that the total amount owed can be established and a repayment agreement reached with creditors. This includes any outstanding loans, credit card debt and other unsecured liabilities.

Accurate information must be provided when applying for an Individual Voluntary Arrangement for a proposal to be accepted by creditors and a suitable repayment plan created which fits both parties’ needs. The experienced advisors at Credibble are experts in helping individuals compile their financial information accurately and submit successful proposals which result in mutually beneficial agreements with their creditors.

STEP 4: Applying for an Interim Court Order / Adjourning Court Action

Most people will be able to skip to the next step. However, there will be rare cases where an Insolvency Practitioner will apply for an ‘interim order’ for individuals who are being harassed by bailiffs and or enforcement agents. This stops creditors from taking action whilst an IVA is being set up.

If you need to go through this process, once your application for an IVA has been made, a court hearing may be necessary to determine if the proposed arrangement is suitable and should be accepted by all parties. This is where an Interim Court Order (ICO) or adjournment of court action comes into play.

An ICO is an application that can be made to the court to preserve and protect assets in a potential insolvency situation. It allows creditors and debtors time to negotiate a repayment plan without fear of having any assets seized while discussing terms. This can provide a great deal of protection for both parties and allow them sufficient time to agree on how best to proceed with the IVA.

The court will take into consideration multiple factors when deciding whether or not to grant an ICO. These include the size of debts owed, whether any assets are available for sale, whether creditors have already started legal proceedings against the debtor and other factors depending on the individual’s financial situation. If granted, an ICO will usually last up to three weeks though this can vary depending on the circumstances and timeline of negotiations between all involved parties.

In addition, it is possible for creditors or debtors to apply for an adjournment of court action while they are negotiating terms of an IVA, which would stop legal proceedings from going ahead until a suitable agreement had been reached by all involved parties. Ultimately, applying for an Interim Court Order or adjournment of court action during negotiations over an IVA can help provide additional security and protection while a mutually beneficial agreement is being reached – something that Credibble’s team are highly experienced at helping individuals with!

STEP 5: Your Creditors Will Consider the Proposal

Once your IVA proposal has been created and all parties have agreed to its terms, it must be put to a creditor vote. This is when the debtor’s creditors will decide whether or not to accept the repayment plan proposed by the insolvency practitioner.

The voting process usually happens via a secure online portal, allowing each creditor to choose without revealing who voted for or against the proposal. For it to be accepted, at least 75% of those voting must approve (by value), and this approval must also include at least 50% of those voting in person or by proxy.

Once approval has been given, the IVA becomes legally binding, and all creditors must abide by its terms. It is important to note that once an IVA is approved, creditors cannot demand more money than agreed upon in the arrangement and cannot add further charges or interest onto existing debts.

Creditors can also reject an IVA proposal; if this happens, alternative repayment solutions may need to be sought, such as bankruptcy or Debt Relief Orders (DROs). Therefore, individuals must seek professional debt advice before entering an IVA to decide which option would be most suitable for them under their current financial circumstances.

In addition, Credibble’s experienced team can guide individuals through every step of the application process, from initial consultation to ensuring creditors accept the proposed arrangement – making sure everything goes as smoothly as possible!

STEP 6: The Decision

Once the creditors have voted and accepted the IVA proposal, the debtor can finally make a legally binding decision on their debt repayment plan. This is a major milestone that individuals should be proud of- they have taken an important step towards getting back in control of their finances.

During this stage, the insolvency practitioner will help ensure that the debtor can comfortably afford the monthly payments agreed upon in the IVA and ensure that any other terms outlined in the arrangement are being followed. This includes budgeting and spending limits, transferring assets or any additional conditions that may have been added.

Once everything is completed, the IVA will be officially in place, and creditors cannot seek any further payments or additional charges on top of those outlined within the arrangement.

How likely are my creditors to agree?

The likelihood of creditors agreeing to an IVA proposal can vary depending on several factors. Generally speaking, the more favourable and beneficial the repayment plan terms are for the creditor, the more likely they are to vote in favour of it. Creditors may also be more inclined to accept an IVA if they feel a greater chance of being paid any money they owe.

What if my IVA proposal is rejected?

Rejecting an IVA proposal is possible, though in many cases, creditors will accept the repayment plan. However, if they reject the proposal, individuals may need to consider alternative options for dealing with their debt. Bankruptcy, Debt Relief Orders (DROs), and debt management plans are all potential alternatives which could be explored depending on individual financial circumstances.

STEP 7: Annual Review of Your IVA Debt

Once an IVA is approved and enacted, it is important that the debtor continues to keep up with the repayments and any other arrangements outlined in the agreement. As part of this, it is also necessary for individuals to go through an annual review of their IVA debt.

During this review process, the individual’s insolvency practitioner will reassess the debtor’s financial situation to ensure they can still keep up with their IVA payments. This includes checking that any other circumstances that may have changed since the arrangement was made, such as income or outgoings, are taken into account and that the individual can still meet their obligations as part of the IVA agreement.

If any difficulties are encountered during this review process, then the practitioner can discuss potential changes to the terms of the arrangement with creditors to make it more manageable for the debtor.

Key elements of an IVA proposal:

The key elements of an IVA proposal must be carefully considered to ensure that the arrangement is mutually beneficial for the debtor and the creditors. This includes:

Repayment Plan: A repayment plan should be outlined, detailing how much will be paid to each creditor and when payments are due. This should also include any lump-sum payments or other arrangements which can be used to reduce debts quicker.

Creditors Acceptance: Once a repayment plan has been created, it must be voted on among all creditors involved in the IVA. If most accept it, the agreement will become legally binding, and they must abide by its terms.

Budgeting & Living Expenses: A budget will need to be drafted to identify areas where costs can be cut so that more money can go towards repaying debts. It is also important that individuals are allowed enough money for essential living expenses whilst still being able to repay their debtors.

Professional Debt Advice: It is essential that individuals seek advice from a qualified insolvency practitioner before entering into an IVA so that they fully understand the implications of this type of arrangement and can make an informed decision about whether or not it is suitable for their individual circumstances.

Getting Started: Get Debt Advice & Apply for an IVA

Becoming debt-free through an Individual Voluntary Arrangement (IVA) is simpler than many might think. The first step is getting professional debt advice from a qualified expert, and Credibble is here to help.

When seeking advice on debt solutions, it’s important that individuals can talk openly and honestly about their financial situation with someone who understands the complexities of debt. At Credibble, we provide confidential advice on all aspects of debt, including IVAs. We take the time to carefully assess each individual’s circumstances to recommend the most suitable solution.

Once our experienced advisors can assess a person’s financial situation and offer the best advice, they can assist with setting up an IVA. This includes helping individuals put together their proposals, negotiating with creditors on their behalf, and ensuring that all of the agreed-upon terms are fulfilled throughout the duration of the arrangement.

So whether you want to reduce debt and become debt-free or just need general advice, Credibble can help. Get in touch today to find out how we can get you started on becoming debt-free.

KEY POINTS WHEN APPLYING FOR AN IVA