| Pros and Cons
of an IVA |
| |
Advantages of an IVA
-An IVA can be for an Individual, Sole Trader or
Partner
-An IVA enables a Sole Trader or Partner to
continue to trade and generate income towards
repayment to creditors which would otherwise
have a call upon the personal assets of the
individual.
-No restrictions as regards personal credit
although in practice can prove difficult to
obtain. (See our credit repair guide for more
information about credit files and how they
work).
-The proposals are drawn up by you and are
entirely flexible to accommodate personal
circumstances.
-You do not not suffer the restrictions imposed
by bankruptcy, such as not being able to act as
a director of a limited company, not being
allowed to work for the armed forces and other
professions.
Creditors
-IVAs provide a better return to creditors than
bankruptcy, the costs of administering an IVA
are considerably lower than in bankruptcy,
enabling a higher return to creditors.
-IVA’s operate as an insolvency procedure and
creditors can as a consequence of this, still
reclaim tax and VAT relief as a bad debt.
Disadvantages of an IVA
Where contributions from income are being
made, IVA’s are generally expected to be for a
period longer than that in bankruptcy, i.e 5
years as opposed to 3 years. The 5-year period
is often required by creditors as a bargain for
allowing the Debtor to avoid the consequences of
bankruptcy.
If you fail to comply with the terms of the
arrangement, your home and other assets are at
risk if you have not been specifically excluded
from the proposals.
If the IVA fails as a consequence of you not
meeting your obligations under it, you will
likely be made bankrupt.
|
IVA Advantages/Disadvantages for
Consumers Table Breakdown |
 |
You only pay back a percentage of
your debts. If you follow the agreed
terms, you will be debt free in 5
years time.
Up
to 75% of your debt may be written
off.
This is a legally binding solution
so no further interest or charges
can be added to the debt. Enforced
by law creditors can’t change their
mind once they’ve agreed. You also
get protection against possible
court action.
Agreed monthly payment plans will
remain fixed unless your income
level dramatically increases.
It is a private agreement – only
you, your advisor and your creditors
need know about it. There is no
publicity in the local papers, as is
the case for bankruptcy.
You can continue to practise as a
professional person (i.e.
accountant, solicitor, doctor etc)
or as a director of a company and
can hold public office, as an IVA
does not affect your professional
status.
You can open a regular bank account,
without an overdraft facility and
have no/fewer credit restrictions
than if you go bankrupt.
You can safeguard your property, as
the proposals can be made flexible
to suit personal circumstances. |
 |
|
|
 |
If you have equity in your house, an
endowment policy linked to your
mortgage, or valuable assets you may
be required to release them in to
pay your creditors. (This is usually
done near the end of the
arrangement). However this is
preferable to repossession and
enables you to safeguard and retain
your home.
Normally, an IVA cannot be used if
your total debts are under £15,000.
You must be able to afford to make
an offer of repayment to your
creditors. Generally you need to be
able to afford monthly payments of
£200 or more
If you fail to keep up the payments
set out in the agreement, your
creditors WILL be able to take other
action against you, which could
result in bankruptcy, and your home
could still be at risk if not
specifically excluded from your IVA
proposals.
In their bargain to allow you to
avoid bankruptcy, IVAs are expected
to be for a longer period than
bankruptcy (ie 5 years). People who
go bankrupt can be discharged from
bankruptcy within between 1 and 3
years. So it takes longer to be
debt-free. |
|
|
|
| |
|
|
|
|
|
Welcome to my site |
Action
Bar |
|
|
The IVA Forum: Top 30 Hot Topics |
|
|
|
 |
 |
| FREE useful guides! |
|
|
|
|
|
Need some cheering up? |
 |
|
|
|
|
|
|