An IVA can only be
set up with the help of a licensed Insolvency Practitioner
(IP). When you complete the no obligation enquiry form on this
website, you will be contacted by an Insolvency Practitioner
who will discuss your situation and what course of action
would be best. If the Insolvency Practitioner
feels you qualify for an IVA and you decide to proceed, the Insolvency Practitioner
may apply to the county court for an "Interim
Order". This order prevents your creditors from
starting bankruptcy proceedings, CCJs or any other enforcement
action against you without the court's permission. In the
majority of cases an Interim Order is not required.
The Insolvency Practitioner will look at your current
financial circumstances and put forward a proposal to your
creditors as to how much you can afford to pay each month. The
monthly amount will be a realistic one based on what you can
actually afford. The
IVA proposal will include details of your income and
expenditure, a list of your creditors and what you owe them, a statement of
affairs and what you are looking to
offer your creditors and over what time period. The
Insolvency Practitioner will send the IVA proposal to all your
creditors and will arrange a formal meeting called a
"Creditors Meeting" where a decision will be made as
to whether to approve your IVA proposal. At the creditors'
meeting, 75% of your creditors voting (by value of debt) need
to agree to your offer for the IVA to be approved. Once
the IVA has been accepted, all your unsecured creditors are
then legally bound by it. Your creditors cannot change their
minds and you are protected from any legal action being taken
against you by your creditors. After
the creditors meeting, your Insolvency Practitioner will
supervise the IVA, ensuring you make the payments. Your
monthly payments will be reviewed on a regular basis. If you
find that you are experiencing difficulty due to a change in
circumstances, they will try to renegotiate the terms of the
agreement with your creditors. An IVA
normally lasts for a period of 5 years. When the IVA ends your
creditors will have no further claim against you and the
balance of any unpaid debts is written off.
Details of your IVA will appear on your credit file for a
period of six years. The IVA is marked "complete" by the
credit reference agency when they are informed of this by the
IP supervising the IVA.
Simply
complete the enquiry form to see if you qualify and to get FREE no obligation advice from an IVA
expert.
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