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Personal Debt Solutions
Note. The solutions indicated below are for information purposes.
The solution recommended to you by Brookvale may or may not include
these solutions.
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Clear all debts straight away
and start afresh
If you owe money that you are unable to repay but you could make
available a lump sum, it may be possible to negotiate a one off
settlement with your creditors. Perhaps you have been made redundant
and have received a redundancy pay off which you can use. Alternatively,
you may have equity in your home that could be released.
Brookvale is able to discuss the possibility of a lump sum settlement
with you |
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Individual Voluntary Arrangement
(IVA) |
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The problem with Informal Debt
Repayment Programmes (see below) is that although the offer to
massively reduce your monthly debt repayments may be genuine, you
will still have to repay all of your debt. This means that your debt
repayment period will be significantly extended.
For example, if you owe £20,000 and would normally repay this at the
rate of £350/mth, you will be repay this debt in 57 months. However,
if you reduce your monthly repayments to £150/mth to fit your
budget, you will be repaying your debt for 133 months (11 years +).
If you have more serious debts (generally £18,000 or above), then a
solution which could solve your debt problem within 5 years is the
Individual Voluntary Arrangement or IVA.
WHAT IS AN IVA?
An IVA or Individual Voluntary Arrangement is a formal legally
binding agreement with Creditors. It allows someone who is in
financial difficulty to make a formal proposal to settle his/her
debts within a reasonable and fixed period of time - normally 5
years maximum. The repayment proposal is based on what you can
afford to pay and after you have paid for the agreed time, any
outstanding debt will be legally written off by your creditors and
your debt will be settled in full.
THE ADVANTAGES OF AN IVA
• Single monthly affordable payment
• Fixed repayment period (normally no more than 60 mths) with a
specific end date giving Light at the End of the Tunnel
• Creditors must freeze all further interest or charges
• Once the final payment is made, any outstanding debt is legally
written off by the Creditors.
• Creditors can not go back on the agreement and demand increased
payments
• Protection from court action by creditors
• The IVA is discreet and can be used by professionals, forces
personnel and the police without damaging career prospects.
AN IVA IS A SERIOUS MATTER
Although the above advantages sound good, undertaking an IVA is a
serious matter. As such, there are some things that you must bear in
mind.
• The IVA will be recorded on your credit file. This means that you
will not be able to take further unsecured borrowing for the period
of the IVA.
• Once the IVA is completed (normally after 5 years), you can borrow
again. However, it may take some time for your credit rating to
repair.
• During the course of the IVA, you may have to release available
equity from any property that you own to increase the overall
settlement offer to your creditors.
WHAT WILL AN IVA COST?
The IVA agreement is not undertaken for free. You will need to use a
specially licensed person called an insolvency Practitioner to
undertaken an IVA. Brookvale can arrange this for you. The
insolvency Practitioner will normally charge two fees: A Nominee Fee
and a Supervisor’s Fee. These fees vary but as a guide, most
Insolvency Practitioners charge a Nominee Fee of £2,500 and annual
Supervisors fees of £1000.
NOTE: You will not normally be expected to pay these fees directly
yourself. IVA fees are usually taken from your standard monthly
payments. As such, you will not be asked to pay additional fees over
and above your agreed monthly IVA payment.
WHAT SHOULD I DO NEXT?
The suitability of the IVA solution will depend on your personal
circumstances. If you feel an IVA might be the right solution for
you, you should get further professional advice. Brookvale can help
and you should contact us for a free consultation.
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Informal Debt Repayment Programme |
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I AM NOT SURE THE IVA SOUNDS
RIGHT FOR ME
You may be right. The IVA is not suitable for everyone.
If the level of your debt is less than £18,000, you may not be able
to use the IVA solution. However, a less formal programme may be
right for you. An Informal Debt Payment Programme (or Pro Rata
programme) is a process by which all your debts are consolidated
into one affordable monthly payment. This payment is then shared
between your creditors. This solution is ideal for debts of c£18,000
and below.
WHAT IS AN INFORMAL DEBT REPAYMENT PROGRAMME?
An informal debt management programme allows you consolidate all
your monthly payments to creditors into one affordable amount. You
can therefore start to repay your creditors without having to borrow
more and constantly “Rob Peter to pay Paul”. The plan is “Informal”
because it is not a legally binding agreement. You make a
“Gentleman’s Agreement” with your creditors which allows you to
reduce the monthly amount you repay to them.
Your monthly payments to each creditor can be managed for you so you
only have to worry about one payment per month based on the amount
you can afford.
THE ADVANTAGES OF AN INFORMAL DEBT REPAYMENT PROGRAMME
• Reduce monthly payments to a single affordable amount
• Repay Creditors within a budget you can afford without having to
borrow more
• Stop Robbing Peter to Pay Paul
THE DISADVANTAGES OF AN INFORMAL DEBT REPAYMENT PROGRAMME
• You must still repay 100% of all your debt
• Your debt repayment period may be significantly increased as you
are paying less off your debt each month.
• Default notices will be registered against your credit rating.
This will mean that you will find it difficult to get further credit
until your debts are repaid or settled in full.
• Creditors are not under any legal obligation to suspend interest
or late payment charges. However, Brookvale will request that your
creditors at least reduce further interest charged.
• Secured debts (ie mortgages and car HP) and Crown Debts such as
Council Tax can not be included in an Informal Debt Repayment
programme.
WHAT WILL IT COST?
Instruction Fee
If you want Brookvale to help you negotiate an Informal Debt
Repayment Plan on your behalf, then Brookvale will charge an
Instruction Fee. This fee is normally your first two monthly
payments. Brookvale charges this fee in respect of completing your
Statement of Affairs (normally after a face to face visit has been
carried out) and the necessary negotiations with your creditors.
Management Fee
If you want to make a single monthly payment which Brookvale
distributes to your creditors on your behalf, then Brookvale will
change an on-going management fee. This will normally be 15% of your
monthly payment + VAT. This charge will be deducted automatically
from your monthly payment.
WHAT SHOULD I DO NEXT?
The suitability of the Informal Debt Repayment Plan will depend on
your personal circumstances. If you feel this might be the right
solution for you, you should get further professional advice.
Brookvale can help and you should contact us for a free
consultation.
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WHAT ABOUT BANKRUPTCY?
If you have debts which you just can not afford to repay, either
through an IVA or an Informal Debt Repayment Plan, then it might be
sensible for you to consider Bankruptcy.
Normally when someone hears the word Bankruptcy, they start to shake
with worry because of all the negative images that this word
provokes. However, Bankruptcy may not be as bad as you think. If you
can only afford to make minimum payments to your creditors or you
can not afford to pay anything at all, then through Bankruptcy, your
debts can be taken away from you once and for all.
ADVANTAGES OF BANKRUPTCY
• The responsibility for paying your debts is taken away from
you
• You will normally be Bankrupt for just 12 months
• You might have to make monthly payment contributions to the Court
for 3 years. After 3 years, any outstanding debt is written off
• You will be allowed to keep reasonable household goods
• You will be allowed to keep your car as you have a reasonable
requirement for it and it is not unreasonably valuable
DISADVANTAGES OF BANKRUPTCY
• The record of your bankruptcy remains on your credit file for 6
years making it more difficult for you to take further credit during
this time.
• You will have to give up your share of any equity in property you
own
• If you are a professional person or member of the Police or Armed
forces, then Bankruptcy might be damaging to your career.
WHAT WILL IT COST?
In order to declare your self bankrupt, you will need to pay
Court Fees. These normally total a one off charge of £490. If you
require additional advice and help to complete your application
forms, you must also expect an additional charge for this service.
WHAT SHOULD I DO NEXT?
Bankruptcy is a serious matter. Before deciding to proceed with
bankruptcy you should take further professional advice. Brookvale
can give this advice and you should contact us for a free
consultation.
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