Who is suitable for an IVA?
What makes an IVA suitable for your needs?
We receive a lot of calls and emails from the public asking; "who is suitable for an IVA?"
So - who is suitable for an IVA?
In practice it is likely that this would mean cases meeting the following conditions:
- Income for an IVA to be suitable. A person suitable for this sort of IVA should have a regular income
- i.e. be employed, or have a regular pension.
- Size of debt for an IVA to be suitable. The minimum should be £15,000, there is no and maximum thresholds to the viability of providing the IVA)
- The IVA is suitable for people in occupations which would be put at risk should the debtor be made bankrupt. ( accountants, legal professionals, Police Officer, employees if HM Armed Forces
- Age for an IVA to be suitable. This is not a constraint although the client must be able to show he/she will survive the IVA term.
- Creditors for an IVA to be suitable. Here there should be 3 or more lines of credit, and 2 or more creditors (i.e., different lending institutions/groups [HBOS, RBS, Capital One etc).
- Home equity for an IVA to be suitable. An IVA is Suitable for home-owners, and non home-owners. Where a home is owned, it should be included in the IVA proposal at current value for potential equity release (if affordable) during year 5 but before completion of the IVA term (unless the exceptions outlined below apply). Cases not meeting the above conditions may still be suitable for an IVA solution, but it is less likely that they will be suitable for this standard treatment.
- An IVA is suitable when someone is unable to pay off their debts but does not want to file for bankruptcy. It can be an attractive option to all parties including the creditors as often it presents for them a better result than under bankruptcy.
- An IVA is suitable when the debtor has a property they need to protect from their unsecured creditors. The reason for this is once the IVA has been agreed, and so long as the debtor adheres to the IVA terms, the unsecured creditors are unable to force the sale of the property, instead they settle for as much equity as can be released via a standard remortgage
Who is not suitable for an IVA?
Any of the following qualities could indicate the case is not suitable to be treated as a
IVA:
- An IVA is not suitable where there is uneven/unpredictable income. A person with more than 20% of their income coming from bonuses or commission, or an unemployed person.
- An IVA is not suitable where person is on benefits. A a debtor with more than 20-25% of their income coming from benefits.
- An IVA is not suitable where there are disputes. A debtor where there are known material disputes in relation to the debts.
- An IVA is not suitable where the person owns investment properties. A person with investment properties will have to offer the equity from the properties.
- An IVA is not suitable involving early settlement by home equity release. Where a full and final settlement is possible in year 0 (of over 65% of the total debt).
- An IVA is not suitable where the person has low surplus income. If the person has a very small surplus income (i.e. 5years of dividend payments amount to less than 20% of the outstanding debt) and there is significant equity in their home.
Many people will have debt problems and could be suitable for an IVA. The IVA unit at Money Advice Direct will carry out a detailed financial overview of your situation to establish whether an IVA is suitable .If you wish to discuss the Individual Voluntary Arrangement (IVA) procedure and understand how it can help you please complete the following form or telephone freephone 0800 074 6918.
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IVA Guide
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