Read the original IVA proposal, & Chairman’s report, check the terms & any modifications. You can get copies from your Insolvency Practitioner (IP). Check if you have a straightforward consumer protocol IVA, if not you may not have the same flexible options during your IVA.

Review annual contribution statements & check communications from the IP to make sure you have all your facts straight.

Your IVA proposal may not stay the same. If your income goes up, you might have to pay more each month.

• You must declare pay rises, bonuses, overtime & windfalls, e.g. PPI refunds/Redundancy/Legal compensation.
  
  

• Your IP will review your income & expenditure every year & if you have any extra money they didn’t know about, your payments might go up &/or your IVA term might be extended.

If your income unexpectedly drops, you can discuss options with your IP:

• Payment break – usually up to 9 months. Payment breaks will extend your IVA term.

• Monthly payments can be lowered by up to 15%.

• Variation to lower payments by more than 15%. (Variations require another creditor vote)

• Variation to close the IVA with a one off lump sum.

• Variation to close the IVA on payments paid to date. 

• Ask the IP for the IVA to be failed & choose a more suitable debt option. 

• Make a complaint to your IP. If unresolved, you can escalate to the Insolvency Service:

https://www.insolvencydirect.bis.gov.uk/ExternalOnlineForms/InsolvencyPractitionerComplaint.aspx 

IP’s are qualified & regulated professionals & are required to maintain high standards.

Although IP’s are friendly, they’re not your friend so to speak. Your IP has to make sure payments to creditors are maximised. 

IP’s don’t want IVA’s to fail, it’s best to contact them if you’re struggling.

Finances can go up or down during an IVA. A pay rise might not give you more disposable income because your expenses can go up too. IP’s use spending guidelines to check what you can afford:

• Check your original income & expenditure as a guide to what was originally accepted

• Review your bank statements & amend any increased expenses, e.g. Utility/Food bills

To review your income and expenditure please use the Money Helper Online Budget Tool.

https://www.moneyhelper.org.uk/en/everyday-money/budgeting/use-our-budget-planner.html 

If an IVA fails, it may be due to an income shock or due to initial poor advice. If you think you’ve not been advised properly, complain to your IP first. Consider how the complaint can be resolved e.g.: 

• Compensation &/or partial/full refund of fees

• Closing the IVA on sums paid to date

• Terminating the IVA to apply for an alternative debt solution

Don’t forget that you signed official documents to proceed with an IVA, so you need to present clear & valid arguments as to how & why you feel you’ve been badly advised.

Once you’ve completed your IVA or it’s failed, you need to check your IP ended the IVA properly: 

• Upon completion you’ll receive a ‘completion certificate’, if you don’t get it, contact your IP. 

• If failed, you’ll receive a written termination & a statement of outstanding debt balances. If you don’t get them, contact your IP.

• Your Individual Insolvency Register record should be removed. If not, contact your IP. It takes up to 3 months for the Insolvency Service to remove the record.

https://www.insolvencydirect.bis.gov.uk/eiir/ 

• Check your credit reference agency (CRA) records are updated. You can request amendments & corrections yourself. The 3 main CRA’s are: Experian, Call Credit & Equifax.

• If your creditors continue to pursue a debt after your IVA completion, tell your IP, they will contact the creditor on your behalf.

Guidance was introduced during the COVID pandemic that allowed for greater flexibility to be applied to IVAs already being supervised & drafted. 

To read more about these, please visit the Gov UK Insolvency Service website page for up to date information. 

https://www.gov.uk/government/publications/covid-19-individual-voluntary-arrangement-iva-protocol-guidance/coronavirus-covid-19-guidance-for-the-straightforward-consumer-iva-protocol 

If you can’t sort the problems in your IVA or an IVA proposal is unsuitable or has been rejected by creditors, please remember that there are other debt options available to help you.

Our Money Advice Hub Debt Options Guide runs through the debt options with pros & cons, please take a look at these & then seek free debt advice from an experienced debt adviser to review your situation.

Please take a look at our other resources:

• Meet the Debt Adviser

• A Quick Guide to Debt Advice

• Your Debt Advice Journey

To review your income and expenditure please use the Money Helper Online Budget Tool.

https://www.moneyhelper.org.uk/en/everyday-money/budgeting/use-our-budget-planner.html