Money Advice Direct
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The debt advice team at Money Advice Direct is becoming increasingly concerned that individual voluntary arrangements (IVAs), the popular alternative to bankruptcy, are in some cases being mis-sold by some debt advice firms that are too sales based.
The specialist IVA advice helpline receives many calls each month from people being poorly advised by many, heavily sales based, debt advice firms persuading consumers that an IVA is right for them in circumstances where it clearly is not suitable
An IVA allows a debtor to reach an agreement with his or her creditors to wipe off some of the money owed in exchange for reduced monthly payments. The IVA company then formulates the repayment plan, typically lasting five years, with the creditors.
The IVA advisers state that IVA applications have doubled in each of the past two years and is predicted to reach it highest this year. IVAs are popular because they avoid the stigma of bankruptcy and allow debtors to retain assets, including their homes.
There are set criteria which someone has to meet before they are put on an IVA. One of these is that they have to have a surplus income of £200 a month at least. You must also have at least 3 separate creditors.
One horrific example of bad IVA advice is a nurse based in Cardiff who contacted a debt company after seeing a TV advert and was advised to apply for an IVA. She then contacted The UK Insolvency Helpline because she was concerned that her monthly repayments were unaffordable - they had been assessed on income that included her son's disability allowance.
Like many consumer groups and banks the UK Insolvency Helpline is concerned that people may be being encouraged by IVA companies to commit to IVAs, even where this may not be the right course of action. These companies aren't always properly informing their customers about the fees they charge for arranging an IVA, or about the adverse effects of IVAs on credit ratings.
People with debts are morally obliged to repay them. How much they repay depends on their circumstances. We conduct a thorough review of their income and outgoings before contacting creditors. It is not right to help people avoid their legal liabilities.
The IVA advisers are hearing from customers who are being told an IVA won't appear on their credit rating when the reality is that it will. Some companies are giving the impression that this solution has a much smaller impact than it does.
The IVA advisers are urging people to weigh up all the options before signing up to any type of arrangement. 'If you have a debt problem, an IVA could be the best option because it could stop you having to lose your home, for example. It could be an absolutely dreadful option. Our IVA team can help to negotiate the minefield of options.
The number of people applying for an Individual Voluntary Arrangement (IVA) grew at a rate of 118% . The estimated number of insolvencies has risen to 150,000 and for the first time ever, it’s been predicted that more of these will be serviced by IVAs than Bankruptcies.
But is an IVA really a more effective tool for servicing insurmountable amounts of debt than bankruptcy? Obvious advantages are that in most cases, people who apply for an IVA manage to maintain ownership of their properties and also avoid the public humiliation of a bankruptcy.
In reality, you have to determine whether you can even afford to meet the terms of an Individual Voluntary Arrangement i.e. the monthly repayments before you can make the decision to file for the procedure. In some cases, a personal bankruptcy can be the only way out for people with tremendous debt and no possible way of paying even a small amount back to the creditors.