IVA is not always the right choice
We were all set to offer a ClearDebt IVA to Miss D - all
the documents had been done and we set her up to meet one of our
network of insolvency professionals to make sure she understood her
rights and responsibilities.
All IVA firms are supposed to do this, but we know many don't.
In this case, it meant we lost an IVA - but it was a financial
lifesaver for Miss D.
It transpired she was about to move back into her very elderly
parents' home - they are frail and need full time care.
She's an only child and stands to inherit the house. This meant
that, in the event of her parents' sad demise, the house would
almost certainly have become an asset to be paid into the IVA -
she'd lose her inheritance.
We advised her to opt for bankruptcy
instead.
We would not have known if the meeting had not happened - we are
very concerned because a government consultation issued on July 14
suggests the requirement for this meeting should be removed:
ClearDebt thinks this means debtors won't get the best advice and
that creditors will lose out too: This meeting makes sure the
debtor knows exactly what his or her responsibilities are under the
IVA - and how they will be affected
by it (both during the IVA and after it has been completed).
Take the ClearDebt online debt test now to find out if an
IVA is right for you:
Is an IVA suitable in my
circumstances? »