Money Advice Direct
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In an Individual Voluntary Arrangement (IVA) the creditors are offered a dividend or percentage of their money back, based on what a client can afford.
In order for the IVA to be agreed, the Insolvency Practitioner needs to get 75% in value of the creditors that vote at the Creditors Meeting to agree the offer being made.
Affordability is calculated from doing an Income and Expenditure budget and taking all essential household expenses from your normal household income.
The Creditors would be entitled to whatever is left over your surplus income.
Every 12 months, on the anniversary of the IVA being granted, the income and expenditure or Financial Statement will be reviewed.
If a client has an increased surplus income, the creditors will be entitled to this. Please remember that when you offer the creditors a certain percentage of their money back, they do retain the right to 100% back, should your circumstances improve within the IVA term (usually 5 years)
If your income increases during the year, you will have an obligation to notify the Supervisor of your IVA of the increase. Depending on the amount of the increase you may be required to increase your payments sooner than the Annual Review.
In the Terms and Conditions of the IVA, it will specify what is expected of you should your income increase.
If it is because of overtime, which isnt otherwise guaranteed, then although the Creditors would be entitled to 100% of that extra income, the Supervisor may only request a percentage of that income. You should expect that it would be at least 50% or more.
If you would like more information please contact us Money Advice Direct on 0800 074 6918 or fill in our form by clicking here. If you are unsure as to whether an Debt Relief Order is the best way to solve your debt problems please call us on 0800 074 6918.
If you wish to discuss the Debt Relief Order procedure and understand how it can help you please complete the following form or telephone freephone 0800 074 6918.