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An Individual Voluntary arrangement-IVA is a formal agreement
between you and your creditors where you can come to an arrangement
with people you owe money to, to pay a percentage of what you
owe. When entering into an IVA you will be able to make reduced
payments to your creditors normally for a period of five years at
which point your debt is classed as settled. Due to its formal
nature, an IVA has to be set up by a licensed professional called an
Insolvency Practitioner (IP).
It is a legally binding agreement between you and the people you owe
money to. It is designed to help those in financial difficulties
make a formal proposal to settle their debts.
If it is decided that an IVA is the right option for you, you will
be asked questions regarding your income and expenditure .Based on
this information a repayment amount will be agreed with you. Once
this has been done an application can be made to the court for an
Interim Order which will give you legal protection from your
creditors during the time it takes to draft your proposal.
For an IVA to be approved creditors will be asked to vote either for
or against the proposal. An IVA will only be approved if 75% in
monetary value votes in favour.
The IVA will be legally binding .As long as you keep up the
repayments, when the term of your agreement is finished, you will be
free from these debts regardless of the amount that has been paid
off.
During the period of your arrangement your financial situation will
be reviewed regularly to monitor any changes in your circumstances.
It is your responsibility to make the agreed monthly payment to the
IP who will ensure distribution of funds to all creditors on a
pro-rata basis. It is in the debtors own interest to keep up
payments as failure to do so will almost certainly result in the
failure of the arrangement.
Upon successful completion of the IVA the debtor will be considered
debt free.
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