Money Advice Direct
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The IVA was established in England by the Insolvency Act 1986 and constitutes a formal repayment proposal presented to unsecured creditors via an Insolvency Practitioner. In England, Individual Voluntary Arrangements (IVAs) are a formal alternative for individuals wishing to avoid bankruptcy.
An IVA is a contractual arrangement with creditors and can be as flexible as an individual's own circumstances; they can therefore be based on capital, income, third party payments or a combination of these.
Creditors take a decision at a creditors' meeting called to consider the IVA proposal. The return to creditors is often higher than they would receive in bankruptcy. A vote is taken - by value. More than 75% in value of those creditors who vote at the meeting by person or by proxy must agree in order for the arrangement to be approved. If any of those voting are 'associates' (usually business associates, friends and family) then a second count is taken and 50% of non-associated creditors must approve it.
The key for those considering an IVA is to take professional advice early and try not to get not charge for initial advice or pay any upfront fees. The best advice is not to agree to any an IVA that is not realistic and achievable. Most IVA repayments are calculated through an analysis of income less expenditure. Once agreed, the repayment programme, is affordable and will form part of a legally binding contract.
A Trust Deed or Protected Trust Deed is only for residents in Scotland. A trust deed or protected trust deed is a legally binding debt repayment agreement for residents in Scotland who have debts above £8000. For more information please call 0800 074 6918 or apply online
In England, an increasing number of consumer debtors with overwhelming levels of debt are turning to The UK Insolvency Helpline to get an IVA because it offers an alternative to bankruptcy in England and Wales. Please call 0800 074 6918 or apply online for an IVA in England.