While there are practical minimum threshold values for an IVA, creditors are also looking for the applicant to demonstrate their best attempt to repay as much of their debt as is reasonably possible. Here we outline the elements that contribute to a successful IVA proposal.
Applicant must be resident of England, Wales or Northern Ireland. IVAs are not available for Scottish residents but there is a similar process, which is known as a Trust Deed.
Applicants need to owe more than £12,000 to creditors (minimum three lines of credit from two or more creditors) and be able to afford at least £150 per month towards their debts in order to potentially qualify for an IVA. Fulfilling these criteria does not necessarily guarantee acceptance.
This means the inability to repay debts as they fall due, and these debts total more than the applicant's available assets. An IVA is not possible should personal wealth such as property or other assets be worth significantly more than the debts.
The IVA must offer a higher return to creditors than could otherwise be expected were the applicant to be made bankrupt. The advantage of an IVA for creditors is that their own costs are lower as they normally receive payments from income for 60 months.
Creditors need to be confident that the applicant can keep up the IVA payments for the duration of the agreement. While future events can't be known, it is essential that from the offset, the applicant can demonstrate:-
Recent periods of unemployment, working through a probationary period in a new job or self-employment without proper accounts are factors which can prejudice an IVA application.
An honest declaration of assets and/or anticipated future earnings should be made. Material or false declarations are likely to result in the subsequent failure of the IVA.
An IVA proposal is a legal document so the applicant must provide suitable evidence to support the proposal such as:-