Sometimes referred to as a "one off IVA", a full and final IVA settlement is where a one-off partial payment is offered and agreed to by your creditors in exchange of the full and final settlement of all debts. Any debt remaining is then written off. The Individual Voluntary Arrangement (IVA) is used as a mechanism to ensure creditors are bound by the agreement.
Full and final settlements are possible for only a small number of people who have access to a lump sum of money, but do not have sufficient ongoing disposable income to make continuous monthly payments. In these cases, the one off lump sum payment may be considered more worthwhile to both debtor and creditor than a debt repayment scheme where monthly payments are so low, it would to take too long to pay back. One example of a case where a lump sum IVA might be possible is retirement and redundancy, where the individual uses redundancy pay to settle their debts before retirement.
A full and final settlement can be offered to your creditors as part of your initial IVA proposal or at any point during your IVA to bring it to an early completion. If you are already in an IVA and want to propose a full and final settlement to your creditors, you will need to speak to your IVA supervisor about changing the terms of your agreement. Your Supervisor will advise you but reserves the right not to put your proposal to creditors if he/she feels it is unlikely to be accepted to creditors or is otherwise unreasonable.
As with the process of standard IVA proposals, you will still
need approval by 75% of your creditors (by value of the debt) in
order for a Full and Final IVA settlement to be accepted. It is
unlikely that your creditors will accept a "full and final" IVA
settlement if it substantially reduces the total you are offering
to repay and you can still afford to make monthly contributions.
Creditors are also less likely to look favourably on a settlement
of this type early in the life of an IVA. ClearDebt sometimes
succeeds in getting creditors to agree to IVAs with very low
returns (less than 25 pence in the pound). In these circumstances,
a full and final offer that substantially lowers the amount
creditors get is very unlikely to be accepted - especially if it
approaches the sum that might be realisable through
Creditors look most favourably on full and final IVA settlements when they represent an increased or similar total sum repaid early by the debtor, especially when they feel that the IVA might otherwise fail, but they are unlikely to be accepted if they don't represent an increase on what might be achieved through other means (for example, bankruptcy).
Examples of how people have raised money to offer their creditors a full and final IVA settlement include:
It's important to note that you are not allowed to do is take out a conventional unsecured loan to raise the money in order to fund your full and final settlement offer.
It's also worth noting that any financial arrangement between family/friends would require written confirmation that the money does not need to be repaid.
For people who are already in an IVA, full and final IVA settlements allow them to complete their IVAs early due to the introduction of capital into the pot. For anybody who isn't already in an IVA, full and final IVAs are a way to clear debts without having to go through the 5-year process of a standard IVA.
From the creditor perspective, full and final settlement offers are a way for them to get their money sooner.
You can view an example of when a full and final IVA settlement was an option for someone on the ClearDebt blog here: Full and Final IVA Settlements.
Complete our online contact form now and one of our advisors will call you back to check if you qualify for an IVA:
ClearDebt is a trading style of Abacus (Financial Consultants) Limited (Abacus) which provides all initial debt advice on behalf of ClearDebt where a customer has not already been advised that an IVA is the most appropriate debt solution for their circumstances.
ClearDebt proposes and administers Individual Voluntary Arrangements (IVAs) on the basis that there is a reasonable contemplation of an insolvency appointment and hence, only provides advice once it is apparent that an IVA is likely to be the most appropriate debt solution.
Abacus is authorised and regulated by the Financial Conduct Authority and is permitted to offer debt counselling and debt adjusting services for a fee. Reg. No.482265.
You can find out more about dealing with your creditors in a guide produced by the Insolvency Service: In Debt - Dealing with your creditors.
You can also find alternative free-to-consumer debt advice organisations as recommended by the Money Advice Service.
Abacus registrations are as follows: Registered in England & Wales No. 03907493. Claims Management Regulation No. CRM19025. Data Protection Act 1998 registration number Z9487675.ClearDebt registrations are as follows: Registered in England & Wales No. 05157741. Data Protection Act 1998 registration number: Z8927124.
David Emanuel Merton Mond is licensed to act as Insolvency Practitioners in the UK by the Insolvency Practitioners Association.Elaine Masters is licensed to act as an Insolvency Practitioner in the UK by the Institute of Chartered Accountants in England and Wales.
Registered Office for both companies is: Third Floor, Nelson House, Park Road, Timperley, Altrincham, Cheshire WA14 5BZ.