Money Advice Direct
FREEPHONE 0800 074 6918
We receive a lot of calls and emails from the public asking; "Are all creditors forced to accept the IVA majority decision?".
Yes, once the majority decision has been made then the creditors that either voted against the IVA or abstained from voting are forced to accept the IVA proposal.
An IVA is approved when a 75% majority by value of voting creditors needs to be achieved. Please note that the majority is calculated only from actual votes cast at or before the meeting time.
Prior to Money Advice Direct recommending an IVA, the IVA advice unit will carry out an assessment to find out whether an IVA is the best debt solution for you.
Please note that an IVA Insolvency Practitioner will carry out an assessment of your current financial position before deciding whether present your IVA proposal to your creditors. The IVA will need to be agreed by a majority of your creditors.
For the creditors to approve the IVA then 75% of them must agree. The 75% figure is in value in £pounds not the number of creditors you have.
This is quite confusing so please understand that “in value” means in money terms not the actual amount of creditors. E.g. if you have 20 separate creditors adding up to £25,000 , you do not need 15 of them to accept for the IVA to work. In theory you need £18,750 in value of them to accept.
What make this more confusing is not all creditors actually vote so the 75% in value is only of the amount in value that vote on the day of the IVA meeting.
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.
If you are considering an IVA and want to know if all of the creditors are forced to accept the IVA majority decision and understand how it can help you please complete the following form or telephone freephone 0800 074 6918.