Money Advice Direct
FREEPHONE 0800 074 6918
We receive a lot of calls and emails from the public asking; "What happens if the IVA is not approved?".
If the IVA proposal is rejected there is usually a good reason. If the creditors disagree with the IVA offer then it can modified to get the creditors to accept it.
At the creditors meeting, where the creditors vote on the proposal being offered, you may be asked to attend, along with the representative of the Insolvency Practitioner. Your attendance is seen as a sign of your good intention to repay your debts through the IVA. However most creditors’ votes at the meeting are doing via fax or email these days and it is not very common for the client to have to attend a creditors meeting.
There are certain creditors, such Paragon, Northern Rock, HSBC, RBS Group, M&S Money, HBOS, and First Direct who require specific dividends over the 5 years. In the main, most creditors would look to at least 25% of their money back through the IVA, however the Insolvency Practitioner will be able to assess the latest requirements of the creditors involved before putting forward the proposal.
If a debt is quite new, then there is a risk that a creditor will reject the IVA proposal. If the creditor thinks, that the debtor obtained the money when they knew they couldn’t afford to repay it, then this could be seen as having fraudulently obtained money.
If you wish to discuss what happens if the IVA is not approved and how an IVA can help you please complete the following form or telephone freephone 0800 074 6918.