IVA Questions and Answers
The most important aspect of asking for help with a debt problem is being sure you are asking the right people to help you.
IVAorg are the right people to approach when it comes to IVAs, because helping people learn about IVAs is what we do better than anybody else.
You can call our IVA helpline on 0800 856 8569 or complete the form below where we aim to respond to your IVA questions within 2 hours.
IVA Frequently Asked Questions (FAQs)
Here are a list of some of the most frequently asked questions we have received about an IVA. We have provided a brief answer with a link to an more in depth response if you wish to know more. Please feel free to call our helpline 0800 856 8569 at any time to have your IVA questions answered.
- What is an IVA
- Where do IVAs come from
- Must I open a new bank account
- Who pays the IVA fees
- What debts can go into an IVA
- How much will the IVA payments be
- What will happen to my home in an IVA
- What will happen to my car in an IVA
- Can I still pay into my pension
- Will my employer be told of my IVA
- Can I include a business loan
- What if I have payment problems
- Can my IVA include overpaid benefits
- Can an IVA include an Inland Revenue Tax bill
- Can I do an IVA if I receive DLA
- How does an IVA affect credit rating
- Can I do an IVA if I am unemployed
- What Happens at the end of an IVA
- What is a Joint IVA
- What happens if my IVA fails
- What will happen to equity in my home
- What happens if I receive a Windfall during my IVA
- Will my creditors agree to my IVA
- How long does an IVA last
- Can I do an IVA if I am self employed
- Will my IVA affect the people I live with
- Who will know about my IVA
- Can an IVA include a CCJ
- Payment problem in an IVA
- Can I change cars in an IVA
- Will my IVA be affected if I change my job
- Can I work for myself in an IVA
- Can I get a mortgage when I am in an-iva
- IVA full and final settlement calculation
- IVA payment break
- Windfall payment during an IVA
- Variation creditors meeting
- IVA credit check
- IVA annual review
- Can I finish my IVA early
- Can I apply for credit in an IVA
- What is an IVA An IVA is a formal debt solution
that acts as an alternative to bankruptcy.
It allows a person with debts above £10,000 an opportunity to reach a new arrangement with their creditors to reduce their monthly repayments to an affordable level.
The IVA has a fixed repayment term of normally 5 years, after which any remaining debt is written off.
N.B. Some homeowners should expect their IVA to be extended by 12 months, increasing the term from 5 years to 6 years, when it is determined their share of any equity is above £10,000. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Where do IVAs come from IVAs
were introduced as part of the 1986 Insolvency Act of England, Wales and Northern Ireland.
Since their introduction they have grown to become the UK's most favoured formal debt solution, and have become a powerful weapon in the fight against consumer debt problems. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Must I open a new bank account for my IVA
If you have debts with your current bank account provider, such as a loan, a credit card or an
overdraft, it will be necessary to open a ‘Basic Bank Account’.
This is because the debts owed to your bank will be included in the IVA.
And once your bank are made aware of your intention to enter an IVA they will withdraw your banking facilities.
This is why it's a good idea to prepare yourself by opening a new bank account before your IVA begins. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Who pays the IVA fees An
IVA’s fees are drawn out of the payments made into the IVA.
In most cases this means that the IVA fees are paid by the creditors because they recover less of the money you pay back.
However, if you receive a windfall during your IVA, resulting in you being able to repay your original debts in full, then you will also be expected to pay any outstanding IVA fees. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What debts can go into an IVA An
IVA can only deal with unsecured debts.
Examples of unsecured debts are bank loans, payday loans, Buy Now - Pay Later loans, catalogue debt, credit cards, store cards and overdrafts.
IVAs are also able to deal with debts created by mortgage or secured loan shortfall from the sale of a property, personal guarantees and any outstanding HMRC debts.
Other debts that can be included are council tax arrears and arrears from utility bills. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- How much will the IVA payments
be Payments into an IVA are based on affordability and vary depending on
the personal circumstances of the applicant.
Before the IVA starts, every effort is made to establish what size payment is affordable and sustainable for each applicant. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What will happen to my home in an
IVA An IVA is designed to protect your home.
Once an IVA has been accepted, creditors must refrain from taking legal actions to recover their debt.
This means that creditors must refrain from pursuing a Charging Order being put against your home. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What will happen to my car in
an IVA An IVA protects motor vehicles from debt enforcement actions by
creditors.
Once the IVA has been accepted, creditors forfeit the right to take legal action against you to recover their debt.
Once the IVA has been accepted, your car is safe. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Can I still pay into my pension
with an IVA Yes, you are allowed to pay into your pension pot whilst in an
IVA.
However, creditors may request that your pension contributions are maintained at modest levels whilst the IVA is ongoing. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Will my employer be told of my
IVA Not normally.
Your IVA is a private agreement between you and your creditors.
An employer would not normally be notified about an IVA unless they are actually one of the creditors.
However, if you are subjected to mandatory employment security clearance checks, then you need to know that your IVA will be visible on your credit file, should it be searched. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Can I include a business loan in my
IVA Yes, if you have a sole trader business, the IVA will help.
IVAs are designed to help with all unsecured debts, even if the funds were used to finance a business.
If you are a sole trader and have an outstanding business loan, a business credit card or outstanding credit with suppliers, then they will included in your IVA.
They are treated just the same as all your other unsecured debts. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What if I have payment problems
during my IVA If you experience payment problems during your IVA, your
first response should be to contact your IVA Supervisor.
Protocol compliant IVAs give your supervisor the discretion to provide you with assistance, to help protect the IVA from falling into arrears.
There are primarily 2 options available to the IVA Supervisor, should they agree your circumstances require assistance.
They have the discretion to offer a reduction to your IVA payments or a payment break of up to 9 months if that's deemed to be more appropriate. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Can my IVA include overpaid benefits Yes. Your
IVA can include overpaid benefits if they have been overpaid in error.
What's more, your benefits will be returned to your full entitlement once the IVA has been accepted, further easing the pressure on your household budget. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Can an IVA include an Inland
Revenue Tax bill Yes. H.M. Revenue & Customs debts can be included
into your IVA.
Unpaid Self-Assessment tax is treated in line with all other unsecured debts.
However, unpaid VAT bills and outstanding Employer's PAYE are given a preference within an IVA, which can impact the feasibility and viability of some IVAs as a solution.
It is advisable to raise this with an IVA advisor at the earliest opportunity to determine whether this might negatively impact your application. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Can I do an IVA
if I receive DLA or PIP Yes. Receiving either DLA or PIP does not preclude
you from applying for an IVA.
However, both of these benefit entitlements are provided to help cover the cost of living with a long term health condition.
So, the suitability of an IVA for someone receiving DLA or PIP should always be questioned, particularly if it means some of their benefit will be lost to repay debt.
As with all applications, we're always happy to find a better solution if one can be found. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- How does an IVA affect credit
rating An IVA will affect your credit rating for a minimum of 6 years,
beginning at the start date of the IVA.
Your credit rating may continue to be affected for longer if your IVA is extended beyond 6 years, with the adverse affect being felt for up to 2 months beyond the final closure date of your IVA, whenever that may be.
Fortunately, your IVA will not impact on your partner's credit rating or other people you live with, so long as you do not have any 'shared', or joint accounts. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Can I do an IVA if I am
unemployed Yes. Technically speaking, there's nothing to say that you can't
enter an IVA if you are unemployed.
However, we feel it would be inadvisable for you to enter into an IVA if your income is solely based on unemployment benefit.
IVAs work best when they are built on a stable and sustainable foundation.
If you are unemployed but want to apply for an IVA, it is probably best to hold off making an application until you have found a reliable income.
A household income which has partial reliance on unemployment benefit can be considered. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What happens at the end of an
IVA When your IVA successfully completes, any unpaid debts are legally
written-off and you will be completely debt free.
You will be give a Certificate of Completion to evidence the end of your IVA. Keep this certificate for your future reference and send a copy to the credit reference agencies.
Your name will be removed from the insolvency register and you will once again be free to apply for credit. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What is a Joint IVA Sometimes two people who live
together can join forces and propose a ‘Joint IVA’ to clear their debts.
These IVAs are also sometimes referred to as ‘Interlocking IVAs’ and be a very useful way of solving a joint debt problem. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What happens if my IVA
fails If an IVA fails, the customer is no longer legally protected by the
IVA.
The customer becomes liable for their original outstanding debt, and once again must take control over making payments to their creditors. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What will happen to equity in my home Homeowners will
have the level of equity in their home assessed before the IVA begins.
85% of this value is then used and all secured borrowings are deducted from this value in order to determine the level of equity.
If the applicant's share of remaining equity is assessed at being more than £10,000 then the IVA's term will be automatically extended by 12 months in lieu of the equity, from 5 years to 6 years.
When the applicant's share of equity is very high, it may be necessary to propose a bespoke IVA instead, rather than a protocol compliant IVA. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- What happens if
I receive a Windfall during my IVA An IVA defines a windfall as receipt of
any unschedule payment above £500.
It will most often arrive in the shape of some good fortune, such as a Lottery win, a gift or a prize.
However, it can also come about as a result of misfortune too. An Inheritance or an Insurance payouts can also classed as financial windfalls.
Most windfalls are required to be surrendered in full and paid into the IVA for the benefit of creditors.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Will my creditors agree to my
IVA Creditors understand that a small proportion of their customers will
fall on hard times and be unable to maintain their financial commitments.
They make allowances for such events and have strategies in place to minimise their losses when this happens.
Most lenders are receptive to accepting an IVA, particularly when they can see that the financial outcome is in their best interests. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- How long does an IVA last
In the majority of cases an IVA will last for 5 years, particularly when the applicant is not a
homeowner.
Homeowners may find that their IVA is extended from 5 to 6 years due to their equity - See the answer to Question 21.
By contrast, Full and Final Settlement IVAs normally constitute a single payment, after which the IVA enters its closure process, so they last only a few months. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Can I do an IVA if I am self
employed?
Yes, it's perfectly acceptable to propose and enter an IVA if you are self-employed.
All the normal IVA qualifying requirements still apply, but you'll also be asked to provide some trading accounts or a cash flow forecast, to verify your income.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Will my IVA affect the
people I live with?
No, entering into an IVA will have no bearing on other people living at your address.
Credit ratings are personal to each individual and, whilst the individual's address may be known to the Credit Reference Agencies, the actual address is not 'black listed' as may people think.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Who will know about my IVA?
An IVA is a private arrangement and, as such, it is not advertised to the general public.
This can be of great confort to those people who feel embarrassed about their debts and wish to be awarded a degree of privacy.
But every IVA is listed on the Insolvency Register which is a public record that holds the name and detail of every live insolvency in the UK.
The IVA remains on the register for the duration of the agreement, after which it is removed. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Can an IVA include a CCJ?
Yes, an IVA takes priority over a County Court Judgement and, as a result, the judgement debt is absorbed into the IVA.
The creditor holding the CCJ loses their priority status and any payment arrangement to the judgement is stopped. The creditor then receive a share of the IVA dividend instead.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Payment problems in an
IVA
Payment problems can occur for many different reasons, but any change to your 'fixed' budget is going to be noticeable to you.
First thing you need to do is contact your Insolvency Practitioner and notify them you are experiencing problems with your IVA payments.
They have different options available to help you, so talking to them just as soon as you know you have a problem will give you the best chance of keeping your IVA on track.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Can I change cars in an IVA?
Yes, you can change vehicles whilst in an IVA.
The issues you'll probably experience will be related to the practical aspects of making the change as finding the funds to buy a new car may be difficult.
So, just to ensure you're aware of all the potential issues you may face, it's advisable to liaise with your Insolvency Practitioner beforehand, and discuss your intentions with them prior to jumping in with both feet.
Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Will my IVA be affected
if I change my job?
The main consideration relating to your employment is that it provides you with sufficient income to maintain your personal expenditure at a reasonable level, whilst generating enough surplus to make your IVA payments affordable.
If your new income is similar to your old income, then it's unlikely that the change will have any real impact on your IVA.
If your new income is higher, then your Insolvency Practitioner will undertake a new assessment of your personal circumstances to see if your IVA payment should increase but , fundamentally, your IVA would continue as originally agreed.
But, if your new income is lower, and your ability to sustain your agreed IVA payments is reduced, then there will be a negative affect on the IVA. How big an affect will be determined by the size of the reduction.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - I'm in an IVA but can I work for
myself?
Yes, you can become self employed whilst you're in an IVA.
But, as with any change to your personal circumstances, you should take a moment to consider the implication that making such a fundamental change might have.
IVAs are designed to bring financial stability to any given situation. You should consider what affect such a significant change will have and whether you'll still have the means to keep up with your IVA payments.
It is advisable, therefore, to undertake a thorough analysis of your new business, generate a realistic cash flow and make sure you're aware of all the responsibilities related to being self-employed before you commit yourself.
And, once you're happy you can make the transition without any serious issues, you should inform your Insolvency Practitioner of your plans.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Can I get a mortgage when
I'm in an IVA?
Technically, there are no reasons why you can't apply for a mortgage when you're in an IVA but you will require permission from your IP and there will almost certainly be significant practical issues you'll need to overcome.
Any mortgage lender operating in this market place will require a very large deposit and will likely charge higher interest that typical High Street rates.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Full and final settlement
calculation
Knowing how much to offer creditors is always difficult to establish, as the figure will be determined by your individual circumstances.
Where the funds are coming from will also have a major influence on the offer you make, be it from 3rd party funds or through the sale of an asset.
Equally, your personal circumstances will determine the strength of the offer through the eyes of your creditors and influence whether they'll be happy with the offer you've put forward.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Can I take a payment
break?
Yes, at the sole discretion of the Insolvency Practitioner it is possible to be given up to 9 payment breaks during the course of an IVA.
If you are struggling to maintain your IVA contributions you should talk to your Insolvency Practitioner as soon as possible.
When deemed necessary, they have the means to provide a payment break or even a reduction in your payments, without the need to obtain creditors' consent.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - What happens if I receive a
windfall during my IVA?
There is a 'Windfall Clause' within an IVA's standard terms and conditions.
The windfall clause obligates you to notify your Insolvency Practitioner if you receive any sum of money above £500, outside of your normal household income.
The clause defines which kind of funds you'd be allowed to retain and which funds you'd be obliged to pass into your IVA for the benefit of your creditors.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - What is a IVA Variation Creditors'
Meeting
An IVA Variation Meeting provides an opportunity to seek a modification to an ongoing IVA should a change in circumstances require it.
As with the original Creditors Meeting, the customer proposes the variation through their IVA Supervisor.
Creditors then vote on whether or not to accept the variation that's being proposed.
If the variations are agreed, then the IVA is amended accordingly. If not, then the original terms are kept in place as before. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Being credit checked whilst in an IVA
It is possible that you may be subjected to a credit check during the term of your IVA if you apply for credit or look to rent a property.
Credit Reference Agencies update their credit files to reflect any new additions to the Insolvency Register.
When you enter an IVA, the IVA will be noted on your credit file and will be visible to anyone looking at it. Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs
- Understanding your annual IVA
review
Insolvency Practitioners are required to undertake an annual review of each IVA they are supervising.
The reviews give the supervisor an opportunity to perform a health check the IVA and ensure that the customer is adhering to all their legal obligations.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Can I finish my IVA early?
Yes, it is possible to bring an IVA to early completion.
The introduction of 3rd party funds is a very common method of bringing an IVA to an early settlement. Creditors are approached with details of the offer and, if they accept, the IVA completes early.
There are other ways in which an IVA might be brought to an early close, perhaps through a windfall payment such as an inheritance, or as a result of a redundancy payment.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs - Can I apply for credit in an
IVA?
It is against the general terms and conditions of an IVA for you to apply for credit greater than £500, without the expressed permission of your Insolvency Practitioner.
This article outlines the restrictions against obtaining credit during your IVA. It also explains how a new creditor might find out about your IVA if you make an application for new credit.
Read more Call us now for free on 0800 856 8569 Apply for an IVA FAQs