What is the difference between a secured and unsecured debt?
What debts are covered with an IVA?
We receive a lot of calls and emails from the public asking; "What is the difference between a secured and unsecured debt?".
On the topic of an IVA there are generally two types of debt – secured debt and unsecured debt.
Secured debt means the creditor (or person) you owe money to has the legal right to repossess the goods or property that the loan is secured against. Examples of secured debts are mortgages, secured loans on property or Hire Purchase (HP) normally found on vehicles. Please note that secured debts can not be included in an IVA.
Unsecured debts are not secured to anything and therefore the creditor does not have the automatic right to repossess any goods even if you are struggling to repay the money that you owe. Examples of unsecured debts are credit cards, loans, storecards, catalogues, overdrafts, income tax bills etc. Please note that secured debts can be included in an IVA. If you have unsecured debts of £15,000 or more and are struggling to make your repayments, contact Money Advice Direct for confidential and non-judgemental advice and support from our advice and team.
Unsecured debts that can be included in an IVA are:-
- Overdrafts on banks accounts can be included in an IVA
- Hire purchase shortfall payments on products no longer needed can be included in an IVA
- Shortfall payments on services contracts no longer needed i.e. Mobile Phones
- Money owed to Finance companies can be included in an IVA
- Credit card debts can be included in an IVA
- Shortfall payments on repossessed properties
- Disconnected mobile phone bill
- Money owed on store card debts can be included in an IVA
- Amounts outstanding on charge cards can be included in an IVA
- HM Revenue and Customs VAT
- HM Revenue and Customs PAYE
- HM Revenue and Customs Self Assessment Tax
- HM Revenue and Customs National Insurance NI
- Loans from friends and family can be included in an IVA
Debts that cannot be included in an IVA are the following:-
- Mortgages, because theses are secured loans.
- All Secured Loans or second & additional charges on property.
- Hire purchase payments on good still needed.
- Student loans because they fall outside of The Insolvency Act (1986)
- Court Fines for parking tickets
- Debts incurred through fraud
- Spouse maintenance
- Child Support (CSA)
- Arrears or rental property
- All educational loans as they fall outside of the Insolvency Act 1986
- Court Fines or penalties imposed for an offence
- Liabilities arising under a court order action such CSA claims for child support
- Liabilities arising under a confiscation order made under S.1 of the Drug Trafficking Act 1986 or S.71 of the Criminal Justice Act 1988
- Gambling Debts
- Money secured on your house for example mortgages or secured loans
If you would to know if an IVA covers secured and unsecured debts or just discuss an IVA in general please complete the following form or telephone freephone 0800 074 6918.
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