Why an IVA Can Stop Creditor Action

Recent research by UK charity Credit Action showed that by October 2010, 1,556 people were made redundant daily; 1 property was repossessed every 14 minutes and in just under every 4 minutes 1 more person declared insolvent or entered bankruptcy. UK consumers who miss debt repayments can find they receive telephone and letters demanding repayment. Creditors may also attempt legal action against them, including petitioning for their bankruptcy. This article explains the Individual Voluntary Arrangements (IVA) ability to stop legal action and repayment demands. The best advice is to read as much information on IVAs as possible, before moving onto gain independent debt advice for your exact debt problems.

IVAs are one of a number of legally recognised debt options; however, they will not be appropriate in every circumstance. Always contact an independent debt advisor to have all your debt options fully explained before committing to anything. Having said that, of all the debt options, an IVA is often chosen due to key advantages when creditors pursue debts more vigorously due to unpaid instalments.

1. Firstly, IVAs are debt options recognised by the courts in England, Northern Ireland and Wales. Interested Scottish consumers should therefore seek advice about Trust Deeds.

2. Find an independent, impartial source of debt management advice – you need expert advice on whether it really is the right option for you. Additionally, Individual Voluntary Arrangements need a licensed Insolvency Practitioner (IP) to properly arrange them. The better debt problem companies will be able to put you in touch with a suitable IP.

3. Should you decide to go ahead, there are a number of legal steps your IP will guide you through. Once agreed, the IVA means creditors are prevented by law from contacting you to demand repayments by phone or by letter. The managed repayment plan created can often help consumers to feel they have regained more control of their debt problems, as creditors are legally bound by its terms.

4. Should any creditor attempt to initiate legal action against you during the time it takes for you and your IP to arrange the IVA, your IP can apply to the courts for an interim order to halt the action. This includes creditors entering a petition for your bankruptcy.

5. Again, once agreed, creditors bound by it are still not able to start further court action against you.

6. If you yourself are in the process of declaring bankruptcy or have already done so, you can still apply for an IVA. In fact, the Official Receivers Office routinely informs bankruptcy applicants about IVAs to protect their best interests by ensuring the final choice they make is a properly informed one.

Properly arranged and managed Individual Voluntary Arrangements essentially creates a managed repayment schedule, typically lasting five years or more. The repayments should be amounts that allow you enough money for reasonable living expenses. There will always be fees involved but these should be competitive and included in your monthly repayments. Finally, keeping to IVAs terms and conditions is vital to receive the type of legal protection outlined here.

Author Bio: Paul Goodman works for Debt Options, who advise UK consumers on all aspects of debt problems, including IVAs. They advise on suitability, finding an IP, the application process and how to successfully complete an IVA in order to write off the debts it covered.

Category: Finances
Keywords: IVA, IVAs, Individual Voluntary Arrangements

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