If you are thinking about starting an IVA you need to be clear which debts are included. Generally speaking it is just the ones that are unsecured.
Included in this article:
- The debts that are included in an IVA
- Is it possible to add HMRC debt?
- Which debts can’t be included?
- Can you choose to keep a debt out of your IVA?
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Which debts are included in an IVA?
All types of unsecured debt can be included in an Individual Voluntary Arrangement (IVA) What are unsecured debts? Can tax and business debts be included? To find out more please visit: http://beatmydebt.com/individual-voluntary-arrangement-frequently-asked-questions/which-debts-are-included-in-an-iva
The Debts that are included in an IVA
Only unsecured debts in your name can be added to your IVA. These include (but are not limited to) the following:
Credit Cards Personal Loans Doorstep loans Pay Day loans Guarantor loans
Catalogues Store Cards Bank overdrafts HMRC Debts CCJs
A CCJ (County Court Judgment) can also be added into an IVA. It will be overturned once the Arrangement is accepted.
Is it possible to add HMRC debt in an IVA?
Any money you owe to HMRC such as unpaid tax or VAT can be included in an IVA. This debt is unsecured and is not treated preferentially over any of your other creditors.
Generally speaking HMRC will accept your proposal as long as it is reasonable. You will need to make sure your personal tax returns are up to date before your offer is submitted.
Overpaid tax credits can also be included in the Arrangement. Any ongoing benefits payments you are receiving should not be affected.
Housing Benefit overpayments can be included in an IVA. The Council can also recover the debt by making deductions from ongoing Housing Benefit payments but outstanding amounts must be written off after your IVA is completed.
Which Debts can’t be included in an IVA?
There are various debts which cannot be included in an IVA. The main category is secured debt. These are things like mortgages, secured loans, Charging Orders and items on Hire Purchase.
If you do not keep up the payments towards these the property they are secured against would be at risk of repossession. A provision must be made in your living expenses budget so you can continue to maintain them.
If you have mortgage arrears an amount can be included in your living expenditure budget to start repaying these.
Other debts that cannot be included in an IVA are Child Support Agency (CSA) arrears, Student Loan Company loans or Court Fines. A provision to pay these in full must be made within your expenditure budget.
Which debts cannot be included in an IVA?
Not all debts can be included in an Individual Voluntary Arrangement (IVA) Is secured debt included in an IVA? Are there any unsecured debts which cannot be included? To find out more please visit: http://beatmydebt.com/individual-voluntary-arrangement-frequently-asked-questions/which-debts-are-included-in-an-iva
Can you choose to keep a debt out of your IVA?
Generally speaking you must include all of your unsecured debts. If you leave any out it could put the Arrangement in jeopardy. Trying to pay them could mean you are unable to afford your agreed IVA payments.
Having said that there are some specific situations where you might be allowed to leave a debt out. An example of this is if you own money to your employer and your job would be at risk if the payments were not maintained.
You can also leave out money owed to friends or family. However you would need to agree to suspend any further repayment to them until after your IVA is completed.
It can be helpful to include friends or family debt in your IVA. Their support might help with getting the Arrangement accepted. However they will normally be excluded from any dividends paid to the other creditors.
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Hi can anyone advise me on if I bought flight tickets with PayPal credit for the end of March and Im going to enter an IVA soon and probably put the PayPal credit into the IVA, will the flights be cancelled? Thanks.
Hi Bruce
I believe you will be able to keep the tickets. Basically this situation is similar to if you had bought something like furniture using store finance. The outstanding finance would have to go into your IVA but you would be able to keep the furniture. It could not be reclaimed by the finance company.
Given the tickets have already been paid for by PayPal and the money received by the airline then they stand. PayPal are not able to go back to the airline and try to claw back the money paid.
Can I put parking debts in an IVA. I have one of these which is currently with a bailiff. The original amount was £60 but now they are demanding £350…..
Hi Zack
Yes most parking charges can be included in an IVA. Commonly these are known as PCNs (Parking Charge Notices). Any PCN issued by a council or private car park company is included in an IVA even if bailiffs are currently being used to collect the debt.
The only time you cannot include a parking charge is if it was issued by a traffic warden. Technically this is issued by the police and so it is classed as a fine and cannot be included.
How is a guarentor loan affected by an IVA? Will they go after the guarentor?
Hi Kelly
If you are considering an IVA you need to think about any guarantor loans you have very carefully.
Generally speaking you will need to include the debt in the IVA. However when you do this the loan company will then go after the guarantor for the full balance. If the guarantor cannot afford the payment they too might have to consider a debt management solution.
You might think about starting an IVA and leaving the guarantor loan out. The only problem with this is you will not be able to include a budget to pay it in your living expenses. As such you will struggle to pay both your IVA and the loan.