Do I need to include all my creditors in an IVA?
All unsecured creditors should be included in an IVA
We receive a lot of calls and emails from the public asking; "Do I need to include all my creditors in an IVA?".
Please note that all unsecured creditors should be included in an IVA. If some creditors are excluded from the IVA it may make the whole process invalid. All creditors must be included and you cannot make separate arrangements with each one.
If an unsecured creditor is left out of an IVA then that creditor can still take enforcement action such as make you bankrupt or apply for a CCJ.
Creditors that can be included in an IVA are:-
- Overdrafts on banks accounts can be included in an IVA
- Hire purchase shortfall payments on products no longer needed can be included in an IVA
- Shortfall payments on services contracts no longer needed i.e. Mobile Phones
- Money owed to Finance companies can be included in an IVA
- Credit card debts can be included in an IVA
- Shortfall payments on repossessed properties.
- Disconnected mobile phone bill.
- Money owed on store card debts can be included in an IVA
- Amounts outstanding on charge cards can be included in an IVA
- HM Revenue and Customs VAT
- HM Revenue and Customs PAYE
- HM Revenue and Customs Self Assessment Tax
- HM Revenue and Customs National Insurance NI
- Loans from friends and family can be included in an IVA
Which creditors cannot be included in an IVA?
- Mortgages, because theses are secured loans.
- All Secured Loans or second & additional charges on property.
- Hire purchase payments on good still needed.
- Student loans because they fall outside of The Insolvency Act (1986)
- Court Fines for parking tickets
- Debts incurred through fraud
- Spouse maintenance
- Child Support (CSA)
- Arrears or rental property
- All educational loans as they fall outside of the Insolvency Act 1986
- Court Fines or penalties imposed for an offence
- Liabilities arising under a court order action such CSA claims for child support
- Liabilities arising under a confiscation order made under S.1 of the Drug Trafficking Act 1986 or S.71 of the Criminal Justice Act 1988
- Gambling Debts
- Money secured on your house for example mortgages or secured loans
If you would like to know if you need to include all your creditors in an IVA complete the following form or telephone freephone 0800 074 6918.
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