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Below you will find all the questions and answers you may have with regards to debt help. If you should not find the question and answer below please click here and let us know. | |
| Q. | Is a Voluntary Arrangement Right For Me? |
| A. | Since June 2002, the regulators have required insolvency practitioners (IPs) to give this guidance leaflet to people thinking about making an individual voluntary arrangement (IVA). It aims to help you understand what is involved before you commit yourself..... |  |
| Q. | What is an Individual Voluntary Arrangement (IVA)? |
| A. | An IVA is a contract between you and your creditors. You pay an agreed monthly sum, usually for 5 years. This is divided up between your creditors, who accept the sum in settlement of the amount you owe them. |
| Q. | So how much will I be required to pay? |
| A. | The monthly payment depends on your income and expenditure, and is agreed so that it will be affordable to you. A standing order authority will be set up and your first payment must be made within one month of work commencing on your behalf. |
| Q. | What sorts of people enter into IVAs? |
| A. | Simply people who cannot pay their debts. If you cannot pay your debts as they fall due, you are insolvent and the law gives you two alternatives - bankruptcy or an IVA. |
| Q. | Are there any other options ? |
| A. | You could get all of your creditors to reschedule your debts, but this may be difficult if you have a lot of creditors. Some banks and building societies have debt counsellors, and you could try speaking to them. Bear in mind that unlike an IVA, an informal arrangement offers no guarantees. One or more of your creditors could change their mind at a later date, or charge you higher rates of interest later if your circumstances improve. You may also take longer to finally clear your debt. |
| Q. | What are the advantages of an IVA? |
| A. | We help you to calculate what you can afford.... | |
| Q. | What do I need to do? |
| A. | Before your IVA proposal is put to creditors you need to sign it as a "Statement of Truth". You do not need a solicitor for this: you simply read it and sign it. We prepare all documentation for you and also contact your creditors on your behalf (and if necessary we will make an application on your behalf to your local County Court for an "Interim Order").
A creditor meeting will then consider your proposal. You will not usually need to attend as typically most creditors do not attend, voting by proxy instead. Even if creditors do attend, the meeting usually only lasts for between 15 - 20 minutes. Someone from Debt Help Services will chair the meeting, and you need to be available at the end of a phone line during this period. |
| Q. | What else should I know? |
| A. | You might actually pay more out in an IVA than you would if you were made bankrupt. This is because bankruptcy income contributions usually only last for 3 years, whereas contributions in most IVAs last for 5 years. This voluntary increase in the total pa |
| Q. | Will my home be safe? |
| A. | You will not usually have to sell your property when in an IVA. If you do own your home, you need to take reasonable steps at the end of the IVA to make any equity available to your creditors (usually by re-mortgaging). This requirement is also true for bankruptcy, except that bankruptcy often means you do have to sell your home. |
| Q. | What if my creditors don't agree? |
| A. | At least 75% of votes (in value) at your creditor meeting must be in favour of your IVA proposal. Creditors can suggest modifications to your proposal and you can choose whether to accept them or not.
If your creditors don't vote in favour you will still have the option of an informal arrangement with your creditors, or of bankruptcy. |
| Q. | Do I have to pay any costs? |
| A. | We don't charge you any fees since these are agreed with and paid by your creditors as part of the IVA. Providing you keep to the agreement for five years, any debt you can't afford to repay will be written off by your creditors. In summary, you pay only the affordable monthly amount you and your creditors agree to under the terms of the IVA. |
| Q. | What is a debt management plan? |
| A. | A Debt management plan is an arrangement between yourself and a Debt Management company who agree to supervise and distribute your debt repayments to your creditors. Some people can restructure their repayments into a more convenient plan and you won’t have to sell your home as part of the agreement. Interest charges are not usually stopped and Debt Management companies may or may not charge a fee for their services – Debt Help Services would only ever recommend non-fee charging debt management companies |
| Q. | What is Bankruptcy? |
| A. | Bankruptcy is a legal process that can be started if you can’t afford to pay all of your debts. It can also be started someone else if you owe them more than £750. Bankruptcy allows you to free yourself from overwhelming debts and make a fresh start. A ‘Trustee in Bankruptcy’, (the person appointed to deal with your assets) sells your assets and distributes the proceeds to your creditors.
After your bankruptcy ends your creditors can’t make further claims against you. However, bankruptcy brings with it certain restrictions. For example, the fact you have been made bankrupt is advertised in the local press, your landlord is told and your employment may be at risk in some occupations and professions. |
| Q. | Do I lose everything? |
| A. | When you make yourself bankrupt, all of your assets automatically become the possession of your Trustee in Bankruptcy.... | |
| Q. | Will other people know I’m bankrupt? |
| A. | If your student loan was taken out after 1st September 2004 then it can’t be written off. It will be treated as if the bankruptcy had never happened – if you are currently having payments taken directly from your salary then these will continue until the loan is repaid. If you fall below the income threshold no payments will be made until your salary reaches the level where repayments automatically start. Note that interest will continue to accrue, as per your agreement with the Students Loan Company. |
| Q. | Is my job safe? |
| A. | Not always. If you are a member of a professional body you will need to check to see if you will lose your membership. This can result in you being unable to continue in your current role. Further clarification will be available if you look at the terms of your contract of employment. |
| Q. | What advice should I get? |
| A. | Always seek your own legal or financial advice about bankruptcy and the other options available to you. Official bodies like courts or the Insolvency Service won’t help you decide on the best way forward. Debt Help Services will be happy to help you to review your own circumstances and advise on the best solution available to you. |
| Q. | What are my alternatives? |
| A. | If bankruptcy isn’t a suitable or agreeable option to resolve your debt problems then you may want to consider the following options.... | |
| Q. | What happens in court? |
| A. | The first step is to complete and submit with a fee the necessary forms.... | |
| Q. | How long does bankruptcy last? |
| A. | The general rule is that you will be discharged from bankruptcy after a maximum period of twelve months.... | |
| Q. | What happens when the bankruptcy order is granted? |
| A. | When your bankruptcy order is granted, the court will contact the Official Receivers’ office and tell them that the order has been made. A representative of the Official receivers’ staff will then ask you to attend an interview at their offices to discuss your financial circumstances. You will be requested to complete and return a questionnaire prior to this interview.
Once the Official Receiver has all the relevant information he will decide what assets, if any, will be taken from you. He’ll also assess your income and expenditure to determine whether or not to make an income payments order as well. |
| Q. | Is a secured loan or remortgage right for me? |
| A. | This is down to individual choice, mortgage rates are usually lower and set up fees higher than those of loans because of the length of time involved and your home will be at risk in both cases if you cannot meet the repayments. |
| Q. | Will a consolidation loan help me? |
| A. | If you can consolidate all of your existing debts into a loan that offers lower total repayments then a consolidation loan might be the best solution; you will save money in the long run and avoid more drastic solutions. This might not be possible in some cases as many people who are experiencing serious financial difficulties tend to have poor credit ratings; if this is the case then taking on more financial responsibility is likely to make your situation worse. |
| Q. | Can I remortgage if I have a fixed / discounted mortgage? |
| A. | Yes, but you will normally have to pay an early settlement charge to your lender. If your settlement charge is high it might be best to opt for a secured loan. |
| Q. | How long does the process take? |
| A. | Remortgages normally take approximately 6 weeks and secured loans approximately 3 weeks. | |
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