Money Advice Direct
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When a person enters into an Individual Voluntary Arrangement (IVA) the Insolvency Practitioner will looks at all assets that person owns.
The assets taken into account are those owned by the client or those which the client has a beneficial interest in.
If the clients partner owns the car and is solely responsible for the car and its running costs, then there is no reason that their car should need to be sold if the client is going into an IVA.
If the car is jointly owned and is of significant value, it will count as an asset in the IVA. The value of the clients assets, are declared in the IVA proposals, which are drawn up by the IVA Company.
If the value of the car is sufficient to make a realistic offer to the creditors it is possible that the creditors will want it sold to increase the offer, or dividend, they receive.
To prevent the car being sold, the co-owner of the car could buy out the clients share and this money would then be offered to the creditors in the IVA proposal.
Jack has debts of £13,100 and a surplus income of £101 per month. He and his wife bought a car, with a loan which is now to be included in the IVA.
The current value of the car, based on Parkers Guide, is £10,200.
Jack doesnt want to sell the car, so his Father has agreed to offer £4,000 to buy out his sons beneficial interest in the car and this money is being offered in the IVA, along with the monthly surplus income.
This way the car is safe from being sold, yet Jack is able to offer his creditors a reasonable dividend.
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