Can my student loan be incuded in an IVA?

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julie.p

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Post by julie.p » Tue Feb 13, 2007 3:07 pm
Can my student loan be incuded in an IVA? I took my student loan out in Sept 1998.
 
 

c.e.e.w

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Post by c.e.e.w » Tue Feb 13, 2007 4:30 pm
I graduated in 2005 and got my IVA in 2006, they included my student loan. It took a couple of months after the IVA was agreed to get it sorted though. So beware....when you work out how much you'll be paying off your IVA each month, the student loan will be added on top after a few more months.
 
 

accgroup

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Post by accgroup » Tue Feb 13, 2007 4:43 pm
Hello Julie

You can include student loans in IVAs, HOWEVER it depends on what type of loan you took out, they changed the style of the loans in 1998. Some student loans are now repayable direct from your monthly salary whereas other loans are taken on a direct debit from your bank account, although these are not the only distinguishing features.

If you do want to try to include your student loan in your IVA then the Student Loans Company are currently saying that they will only agree to this if the dividend is high (although they haven't specified a minimum dividend level).

Student loans are special as if you were made bankrupt they would not be a provable debt, this means that they would survive the bankruptcy, i.e. you would still be required to repay this debt.

The best thing for you to do is to discuss it with an advisor or insolvency practitioner as soon as possible. The Student Loans Company are currently asking that we contact them to discuss each case and they will be able to advise on the best thing to do.

Hope this helps

AccumaGroup - A large insolvency practitioner service based in Manchester.
www.accumagroup.com
 
 

MelanieGiles

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Post by MelanieGiles » Tue Feb 13, 2007 8:38 pm
If your student loan is less than 25% of your overall debts, they can be bound by the decisions of other creditors providing everyone else accepts. If this is the case, then I would proceed with your IVA simply treating the loan like any other creditor.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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