Trying to decide if an IVA is right for me

Get expert opinion. This is the place for new questions to be posted.
3 posts Page 1 of 1

Bojack

Posts: 1
Joined: Thu Sep 02, 2021 7:42 am

Post by Bojack » Thu Sep 02, 2021 8:36 am
Hi guys,

So long story short, I've found myself with ~ 30K of unsecured debt and due to a change in my circumstances, I'm unable to make the repayments every month (or if I can I'm left with nothing for day to day expenses).

I have no real assets or savings I can use towards these debts. And due to my now credit rating, I cannot re-finance or anything like that.

I have spoken with StepChange and after going through my I&E they have advised I enter into an IVA. My I&E means a DMP would be unreasonable in terms of timescales. Now I actually used to work for an IP so I do have a reasonable understanding of DMPs, IVAs, etc (although that was never my role there so I'm certainly no expert and could do with some input).

The people I spoke to at StepChange were very nice. They advised I could go for Bankruptcy or an IVA but they highly recommended that an IVA would be the best way to go. At the time I said I'd do whatever they thought was best, but after thinking about it and reading up I'm starting to think I should look into the Bankruptcy route.

To give you an idea of my situation, I do not own a home. I live in a house my Dad owns (he does not live here) and although he gave me a break from payments for a while, he's going to want rent/bills soon. I should add that there is no real agreement in place. It's not a rental property. It's his home we both used to live in. He moved in with his new wife a number of years ago but kept the house. He rented it out to a friend. He moved out and I lived with him, then with a friend as a roommate. In 2016 my Dad's friend was moving out, my friend was getting married so I moved back to the house by myself. The mortgage and utility bills are all in my Dad's name (although the council tax is in mine and will show a single person is living there). He has a short mortgage on it so the payments are high and he couldn't realistically rent it and make a profit, he just wants to keep it as an asset (It's left to me in the will). I just pay him money every month (less than what he pays) and that's my share towards the mortgage and utility bills.

This is one aspect that concerns me when they're verifying my expenses. I can show I'm making payments to him, but there's no kind of rental agreement in place as it's just a formal agreement with my Dad. I can't ask him to make it official as I can't have him knowing about this.

I've read that IVAs are best suited to those with assets like a home, car, etc. If I entered bankruptcy it would be over with much sooner. While I want to meet my obligations, with the stress this is causing me I want this over with as soon as possible so I can get back to saving my money. I'm 30 with no savings at all. I don't own a home or anything of significant value. I do have a car, but it's 16 years old and a clunker. Parkers say the average private sale for this car would be between £1,525 - £1,945. Now I know I would be lucky to get around £1K for this. It's in very poor condition with rust and lost of repairs required. There are much better examples available for sale. But if I was asked to sell it, I could do that.

Now the other option is to try and reduce my debts to uner 30K to get a DRO (I thought I had about 27/28K according to my credit score but after going through them with StepChange it was a little more than £30). However, I'd probably fail to make all payments in that time so I'm worried about them starting to take action in that time.

Anyway, any advice you guys could give me would be greatly appreciated.

Breezy

User avatar
Posts: 42
Joined: Thu Jun 24, 2021 10:04 am

Post by Breezy » Thu Sep 02, 2021 9:37 am
Apart from the rent issue, BR looks to be a definite possibility. Have StepChange mentioned any potential issues with proving this rent as an expanse against your income for IVA payment calculation purposes ---- the same issues arise, but StepChange are more able to take a liberal view than the OR might be.

On the DRO front, you could enter a DMP with Stepchange until such time as you fall below the debt limit. However, you would also need to meet the disposable income limit, which is below the disposable income Stepchange have calculated, I would guess. Again this is clouded by the rental position.

That all said, many people live with parents and just pay board & lodge, with no formal agreement in place, so it is not an entirely unexplainable situation.

A DMP might not be a viable, long term, solution, but it could give you some breathing space. BR would be over relatively quickly, but you won't know how the OR will treat the rent situation until you have committed. An IVA might not be the best solution, but would give you some certainty as the rent position will be worked out beforehand .... but ... and I hope this doesn't become a reality ... if you inherit the house during the next 5 years, or so, the IVA will have a call on the releasable equity.
I am not qualified to give advice and can only state my opinions, based on my IVA experiences.

MrMole

Posts: 56
Joined: Thu Aug 06, 2020 11:16 am

Post by MrMole » Thu Sep 02, 2021 12:31 pm
What has your disposable income been calculated at? (Sorry if I missed it)

How old are you and what goals do you have once your debt is dealt with?
3 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”