Written on August 4th, 2010 by Mark Waltersno shouts
An Individual Voluntary Arrangement, often referred to as an IVA, is a legal and binding agreement between you and your creditors (those to whom you owe money). Every month, you will make a payment of a set amount, for a period of up to five years. To determine what the set payment will be, the parties to the contract will review your financial situation as well as the total debt owed, and arrive at a number that the parties feel is fair. If there is any outstanding debt after you have made all of the required payments, the creditor is to consider the debt settled and accept the outstanding amount as a write-off.
IVAs are a recognized contractual obligation, not a form of debt management service. An IVA will require the use of an insolvency practitioner, a person who has been certified in the construction and documentation of IVAs. If you are considering an IVA, speak with an insolvency practitioner. They will be able to resolve your ability to enter into the contract and decide if it is practical for your set of circumstances.
The first step is to determine how much you will be able to pay each month, so the insolvency practitioner will ask you several questions related to your finances. Once he or she has a clear picture, a proposed agreement will be drawn up. You and the other parties to the agreement will need to carefully review this document before you sign. Once you have a proposal that all parties can agree to, an interim order is filed with the court. The interim order brings all of your creditors’ legal activities against you to a halt.
Your creditors will then be notified of a meeting to discuss your circumstances with the insolvency practitioner. Creditors usually handle these conferences via mail or fax – not in person. Creditors will be asked to accept or deny the terms of the proposition put forth by your insolvency practitioner. In order for your IVA to receive final approval, at least three-quarters of the creditors will have to agree to the terms.
However, this is not the end of the process and you will still require the aid of the insolvency practitioner. The practitioner will continue on with you, and monitor your payments to ensure that everything is being paid as necessary to each creditor. Many people have only paid 35% of their debt, with the remaining considered fully paid. Once you finish all of your monthly payments within the given span of time – which could be as long as five years – you will be fully relieved of all debts against you. The best part is the fact you will not lose any possessions or property.
More : IVA Or Insolvency
Written on July 23rd, 2010 by Bart O'Sheano shouts
We all fall on hard times and the financial health of people, especially now, is extremely precarious. All of the budgeting in the world cannot account for things like medical illness, or sudden unemployment which, in this market, can last months and even years. When the debt starts to pile up and become unmanageable it is time to look to a debt solution. A great potential solution can be working with a debt management program (DMP).
DMP’s are available through either credit counseling agencies or through online vendors and work by negotiating on your behalf with creditors and collection agencies to lower the rates on your bills which reduces your monthly payment and makes it more feasible for you to pay down your debt.
You can bundle a number of bills under a debt solution like DMP be they medical, credit card, or even student loans. Knowing whether or not you need a DMP is simple. Do you have so many bills that managing them seems impossible? Have you tried to set up a repayment plan on your own but it wasn’t effective? Are you receiving collection calls during the day? If you answered yes to any of the previous questions, it may be time to seek the help of a DMP.
Working with a debt management service will go beyond just lowering your monthly payment and interest rates; it will also waive any accumulating over the limit and late payment fees. Consolidating your bills into one easy monthly payment will also eliminate the harassing collections calls.
To find the right DMP for you, you should look into a company’s profile, background, and reviews. Once you’ve made the decision a debt program will look over your entire financial situation before negotiating lower interest rates and making a more affordable payment plan. The single payment you make is given to the DMP which then portions it out among your various creditors.
Alleviating your debt is the smart choice, but there are things that you need to consider. If you are offered a repayment plan that is still too expensive for you to accomplish, don’t do it! If you are offered a plan that you feel is something that is feasible, get it in writing and maintain it for your records. Any plans that are offered to you should be approved by your creditors as something they will accept. Make regular payments and make sure they are sent on time so you’re no longer a late payer.
DMPs are a valid debt solution and won’t adversely affect your credit score. Being late, or not paying at all will do more damage in the long run than turning to help.
For those that are in need of financial assistance, there is a debt solution waiting for you. However, once you find that solution, it is important that you change your spending habits or you might end up at point A again.
