Debt Service Uk

Posts Tagged ‘Individual Voluntary Arrangement’

People can find themselves in debt difficulty for a number of different reasons, but what options are available to resolve a financial issue?

When taking out credit, we generally look at our current financial position and base our repayments on what we can afford according to our current income. We do not tend to look at what could be around the corner.

This more often than not creates immediate risk to us and our families.

Recently a large business in Lincolnshire had to close their doors leaving over 700 people without a job. Suddenly, these people found themselves in a position with no income.

Some of these people will have borrowings with no savings to fall back on; they will now find themselves in a situation where they simply do not have the money to keep up with their financial commitments until they are able to find a new job.

This is just one of the reasons someone kind find themselves in financial difficulty.

Being in a position to some people is unknown territory and they are just not sure where to turn and ask for help.

There are solutions put in place for anyone who finds themselves in position where they no longer repay their debt at the amount set by their agreement.

Your financial position will generally determine which option is suitable when considering ways to resolve a debt problem.

Options available may also depend on whether your borrowing is secured or unsecured.

Generally for personal unsecured debt, options such as a Debt Management Plan may be suitable. Alternatively, if you have a fair amount of income (although it may not be enough to meet current monthly agreed payments) an Individual Voluntary arrangement could be an option.

The most important thing to remember if you ever find yourself in financial difficulty is to make sure your creditors know exactly what is going on.

Some creditors have a bad reputation for being unsympathetic to those who have found themselves in debt difficult. Because of this, some people are afraid to talk to them. Their situation is bad enough without a creditor giving them a hard time over the phone.

The Office of Fair Trading have guidelines that all creditors should abide by, so it is worth reading up on your rights so that if a creditor does work outside of the guidelines, you will recognise this and this will help you inform your creditors you know what rights you have and how you are protected.

If you find it too difficult to talk to your creditors, you can authorise a third party to deal with your debt on your behalf. As long as you have authorised them, your creditors must respect your wishes.

There are a number of financial companies that help people with debt problems. These companies can explain options that available and encourage you not to over commit yourself into anything that may cause more stress.

It is also important to be wary of banks offering refinance. Refinance could be a good option, however, consider the interest you will be paying back on top of what you borrow.

Don’t be tempted by quick fixes, such as borrowing more money, if you know in a few months time you will find yourself back in the same situation.

Regardless of your financial situation, whether you are dealing with personal debt or business debt, there is always a solution. Do not be afraid to seek help and face your debt on. Do not put letters unopened in the bin or in a drawer hidden away.

As long as your creditors are aware of the situation, they can consider whatever proposals are put before them when coming to an agreement on the best way to repay the debt.

Solutions such as a Debt management plan, Individual Voluntary arrangement, Debt consolidation, or even as a final straw, bankruptcy are all viable solutions when looking for ways to resolve a debt problem.

Below is a summary of these solutions and what they entail.

Debt Management

A Debt management plan enables you to repay your debt in a way that is affordable. This is achieved by offering creditors a reduced monthly repayment which is manageable.

Generally you would need a minimum of 100 a month to realistically offer the creditors an amount which they would be willing to accept.

The main thing is to offer creditors a fair percentage of your available income. Therefore, if you have 3 creditors, you would need to fairly split the 100 to each creditor; this generally works out on a pro-rata basis.

Below is an example of how to divide your available income between your creditors.

If your total debt is 5000 owed to 3 creditors and you have 200 a month available, you would divide the amount you owe to a creditor by your total debt and multiply it by your available surplus, i.e.:

Total Debt 5000

Creditor 1 2400
Creditor 2 1200
Creditor 3 1400

Surplus available 200

Creditor 1 - 2400 / 5000 x 200 = 96
Creditor 2 - 1200 / 5000 x 200 = 48
Creditor 3 - 1400 / 5000 x 200 = 56

As long as you can show the creditors you are offering a fair percentage of the debt, more often than not, they will accept the offer of payment.

As well as offering a reduced payment, more often than not, the creditor will freeze the interest on the account to allow you to repay the debt without increasing the amount of debt by adding interest.

Debt management plans are not legally binding, but may prove to be a suitable option.

Individual Voluntary Arrangement

An Individual Voluntary Arrangement is a legally binding agreement between you and your creditors. IVAs work differently to Debt management plans as they are repaid over 5 years whereas a debt management plan runs until the debt is repaid.

You may be required to include any equity you may have in your property, however, this will be discussed when setting up your proposals of repayment to your creditors.

The idea behind an IVA is to offer your creditors a reduced lump sum which is generally repaid over 5 years. Any assets you have may be included in the arrangement. An insolvency practitioner will discuss with you whether or not an IVA is suitable, and if so, they will work out the best way to repay your debts.

The IP will set up the repayment proposals agreed by you and send them over to your creditors for your creditors to vote on whether they find the proposals acceptable or not. Creditors who represent 75% or more of the total outstanding debt must accept the repayment proposals in order for the IVA to be accepted.

Once the IVA is accepted, you and your creditors are then tied into a legally binding agreement. This means the creditors can no longer write or phone requesting monies from you.

Debt consolidation Loans

Debt consolidation Loans are not for everyone. Sometimes it is all too easy to borrow money to pay money off, yet in the end, you can find yourself in a worse situation than before. It can sometimes help as a quick fix, but in the long run, you end up struggling more with debt and still looking for solutions.

On the flip side, if you know you are a good money manager, make sure you work out the figures, including how much interest you will be paying on top of the money you borrow and youre not tempted to buy something else with the money which lands into your bank account, then debt consolidation may be a solution.

Consider whether or not an alternative option is available which may better solve the situation rather than taking out another loan.

Regardless of your financial situation, it is always advisable to look into all options to find out which is the best solution to repay debts, if no option is suitable and you find you have no realistic amount to offer creditors, then maybe bankruptcy is the only solution.

There is no shame in bankruptcy, although that is what some may like you to believe. Bankruptcy is there because it is needed, and if it the only viable solution, then you can make a petition, but always get as much information as possible so that you are 100% sure bankruptcy is right for you and you are not restricting yourself in anyway.