IVAs (Individual Voluntary Arrangements)
What is an IVA?
Since they were first
introduced in 1986, Individual Voluntary Arrangements (IVAs) have helped thousands
of individuals in the UK get out of debt.
IVAs can help you avoid bankruptcy, keep your home and become free of debt in 5
years.
Should I Consider an IVA?
An IVA is a legal process that
applies to individuals with unsecured debts in excess of £15,000, that they are unable to
afford.
It is a formal agreement between you and your creditors. It enables you to pay them what
you can afford.
An IVA usually lasts for a period of 60 months, after this time, any outstanding debt will
be written off using government backed legislation.
What can you do for me?
IVAs are very effective,
they can help you reduce your debt by up to 70%.
With an IVA, you only repay
what is affordable to you after taking into consideration your personal circumstances and
within 5 years you will be completely debt free (this is subject to acceptance of the
proposal by a minimum of 75% of your creditors).
IVAs put an end to
creditor contact and court action, as legally your creditors are not allowed to contact
you or pursue a debt once your IVA has been put in place.
IVAs can help avoid
bankruptcy, providing you maintain your monthly payments.
IVAs guarantee no more
interest and charges will be accrued on your debts.
What is a Trust Deed?
A Trust Deed is a legally
binding agreement between you and your creditors in which you agree to make a regular
contribution from your income and to surrender certain assets to your Trustee, who deals
with your creditors on your behalf and pays them a percentage of the amount
outstanding.
Who can sign a trust deed?
Any individual or partnership
based or residing in Scotland with either personal or business debts can sign a Trust
Deed.
The effects of signing a trust
deed?
Upon signing a Trust Deed you
are transferring all of your assets (excluding normal household expenses) to your Trustee.
How this affects you will, of course, depend on your personal circumstances.
Assets which are likely to be included in the Trust Deed are, any equity in your home,
cars, investments or any other significant assets.
The Trust Deed will be in place for an agreed period of time, usually 3 years, at the end
of which the funds available will be paid to your creditors.
Any remaining debts outstanding to your creditors after this period of time will be
written off.
From this point onwards, you will not be required to make any further payments to the
debts incurred prior to you signing the Trust Deed and you will be completely debt free.
How long does a trust deed
Last?
A Trust Deed is usually based
on a 3 year term. This is inline with the current period of Sequestration (The Scottish
equivalent of Bankruptcy).
However, in certain circumstances, this period can be reduced or extended dependant on the
individual circumstances, in order to achieve the best outcome for all parties concerned.
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