Please advise. Thanks

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n.t

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Post by n.t » Tue Mar 20, 2007 12:13 pm
Is an IVA best?
Last edited by n.t on Tue Mar 20, 2007 9:07 pm, edited 1 time in total.
 
 

jamesfalla

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Post by jamesfalla » Tue Mar 20, 2007 7:24 pm
Hi n.t
Given that you are falling short each month, I would say that something has to be done. You have various options depending on your circumstances:

1. Consolidation
I.e. taking a loan to pay off multiple smaller debts and leaving yourself with a single lower monthly payment. It might be possible for you to go to your bank and borrow £20k over 5 years. This would result in a monthly payment of c£400-£450. However, from what you say, this might still be unafordable and if you have already missed payments you might not be able to get the loan in the first place.

2. Informal Repayment Plan (Debt Management Plan)
Where your debt is typically less than £15,000, a sensible option might be to consider an Informal Repayment plan. This is an agreement with each of your creditors to reduce the amount you pay to each of them to fit within a budget you can afford. The advantage of this is that you start to repay your creditors in a sensible managed way and stop making things worse by robbing Peter to pay Paul.

Although on the face of it, this solution sounds good, there are some significant drawbacks. Firstly because you still have to pay 100% of your debt back, it is likely to take you much longer to repay your debts than would otherwise have been the case. Also, the solution is not legally binding. Therefore there is no guarantee that further interest charges will be frozen.

If you have the time (and generally a very thick skin) you can negotiate an informal payment plan with your creditors yourself. However, this can be very difficult and time consuming. As such there are companies available who can help you with this.

3. IVA
Where your total debt exceeds £15,000, an alternative solution may be to consider an IVA (Individual Voluntary Arrangement). This is a more formal, legally binding way of dealing with your debt. It allows you to make an offer to settle your debts with your creditors over a 5 year period (no longer than a standard unsecured loan). Further interest and charges are frozen by law and you make just one monthly payment based on what you can afford. At the end of 5 years, whatever debt is outstanding will be written off legally thus leaving you debt free to turn over a new leaf.

In order to undertake an IVA, you must be able to make a minimum monthly payment to your creditors of c£200-£250.

4. Bankruptcy
If you have little or no income in order to make any kind of monthly payment to your creditors and no definite view as to when this might change, then the only way you can solve your debt problem for good is to declare Bankruptcy. This sounds bad but if you have no property, it is not as bad as all that.

The Court will take away from you the responsibility of paying your debts. You will normally be bankrupt for 12 months. After this time, any unpaid debt will be written off and you will be able to turn over a new leaf, debt free (although you might have to make payments towards your debt to the court for up to 3 years). If you rent your property and have no valuable assets (e.g. an expensive car) it is very unlikely that the Court will require you to give up any of your goods.

I hope this helps

James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions for over 10 years.

For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions for over 10 years.

For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Tue Mar 20, 2007 10:38 pm
Hi n.t
Your question is posed without giving any details about your current circumstances. I therefore cannot answer it, but if you care to provide more details such as level of debts, amount of disposable income, details of any assets, then I can perhaps help.

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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