IVA
(Individual Voluntary Arrangement) is a formal arrangement and must be
entered in to using an Insolvency Practitioner who will make a formal
proposal to your creditors to pay part of your debts and accepting this
as full and final settlement.
An
agreement will be reached for you to pay one affordable monthly payment
t settle the amount agreed between you and your creditors.
The agreement reached by the insolvency practitioner between you and
your creditors is legally for both parties.
If
you are being persued for payment and threatened with legal action, the
IP (Insolvency Practitioner) is able to apply to the court for an
Interim Order. If it is necessary to obtain an Interim Order this stops
the creditors from chasing you further for payment of the debts it also
stops them from applying for a bankruptcy petition.
The
IP presents your case to the court telling them of your circumstances
and the proposal he has put together on your behalf and whether he
considers a meeting of the creditors should be held.
If
a decision is made to hold a meeting with the creditors they will be
informed of the date and time of the meeting along with details of the
proposal being put forward. It is necessary for creditors who are owed
more than 75% of your total debt to vote in favour of the proposal.
The
Insolvency Practitioners are experts in this field and put forward
realistic proposals which they are confident will be accepted by the
creditors.
Once the proposal
has been approved it becomes a legally binding agreement, you will then
begin to send the agreed monthly payments to the IP who will distribute
the agreed amounts to each of the creditors.
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