IVA Company will not add New Debt

IVA Company will not add New Debt

Your IVA Company may refuse to add new debt to your existing IVA. This could be the case if you have borrowed more during the Arrangement without their agreement.

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Can you Add New Debt to an existing IVA?

It is possible to add new debt to an IVA. However it is not an automatic right. You first need agreement from your Insolvency Practitioner (IP) and very often your creditors. Whether or not they will be willing to help depends on the circumstances.

If you simply forgot about the debt or were not aware of it when you first set up the Arrangement there is every chance it can be added now. However if you have borrowed more since the agreement started your IP may not be so helpful.

If you did not consult your IVA copmpany before you borrowed more and especially if you took a Payday loan they will often refuse to add it. This is the case even if you will struggle to maintain the payments in addition to your IVA.

If you need to borrow more during your IVA you should first discuss the situation with your IVA Comapny. If you are facing an emergency they may be prepared to help you.

Paying New Debt using a Payment Holiday

If your IP refuses to add a new debt to your IVA the next step is to try and repay it yourself. Clearly the problem is that this is unlikely to be affordable especially if you are also trying to pay your Arrangement.

One solution is to ask for an IVA payment break. This will allow you to suspend the payments you are making into the Arrangement. The money you save can then be used to pay off your new debt.

The payments you miss are added to the end of the agreement. Most IPs will agree to this as the original creditors still receive exactly the same amount as was first agreed.

Trying to repay a new debt without a payment break from your IVA will be very tough. It would require you to cut back on some of your living expenses which is likely to be extremely difficult.

Alternative options if New Debt cannot be added to your IVA

If your IVA Company refuses to add new debt and you cannot agree a payment holiday the alternative options are limited. At this point you may need to consider allowing the Arrangement to fail.

If you are a home owner with equity in your property you could start a new IVA including all of your debt both old and new. However it is important to understand that you would then be faced with paying for another 5-6 years.

Alternatively you could start a Debt Management Plan. However the downside to this is that you are obliged to repay all of the debt you owe in full. As a result it is likely that you would end up paying for much longer than if you start a new IVA.

If you are renting or there is little or no equity in your property Bankruptcy might be a better solution. All of your debts would be taken away from you and any ongoing payments you have to make would only last for 3 years.

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6 thoughts on “IVA Company will not add New Debt

    Kath says:

    Hi,

    Basically I am already involved in an IVA. I have been for nearly 4 years. I have never missed a payment etc.

    However, when I originally went for the IVA I had two credit cards with Barclays which I’d never used. Situations occurred and I used them both. A lot. One is for 2000 pounds. The other was capped at 2000 but they upped my credit limit to 3000-without asking. Now I’m finding myself in 5000 grands worth of debt and I am now starting to struggle to pay the minimum amount each month.

    I’ve been putting it off for the last three weeks but now I’m starting to get very anxious. Can you advise me?

      Hi Kath

      This is not an easy situation. The first thing you have to do is be honest with your IVA company. Tell them about the new debts you have incurred and ask them if there is any possibility that they can be added to your current IVA. Alternatively they might be able to give you a payment break to enable you to pay these debts off. However given their size this option would be difficult.

      If the new debts can’t be added and your IVA company cannot help then it will be impossible for you to continue paying both the cards and the Arrangement. Therefore you will have to let your current IVA fail. You then have two options:

      You could start a new IVA to include all the debts. However this is likely to mean paying for another 5 years. Alternatively if you are not a home owner (or you are but there is little or no equity in the property) you could consider going bankrupt. If it is suitable bankruptcy might be better for you as the monthly payments only last 3 years compared to another 5 if you start a new IVA.

    Keeley says:

    We have been told the unsecured part of our mortgage should of been included in our IVA. Now we are having to put it into the Iva and another meeting is taking place. We have been told that potentially the iva could collapse……

      Hi Keeley

      When you start an IVA all your unsecured debts should be included. As such the unsecured element of your mortgage should have been added with the rest. Given it was not and you have continued to pay it, you are in effect paying one unsecured creditor in preference to all the others which you can’t do. This is the reason that your IVA company have insisted it should be added.

      With any luck the creditors will agree. At the end of the day your payment will increase slightly as you will no longer be paying this debt. In addition you will probably have to agree to extend the length of the agreement so this will go some way to compensate the original creditors.

      However if they don’t agree, then unfortunately your are right, the whole IVA will fail. If this happens, given you are homeowners, the best option might be start a brand new IVA. If the creditors do not agree to the new debt being added, feel free to give me a call. I would be happy to discuss your options with you if you like (0800 011 4712)

    DavidGeorge says:

    Hello, my wife and I have an IVA together credit card debt around £10k jointly. Wife is a bout £4K and myself about 6k. We have accrued £3500 extra debt (1500 cap 1 and 2k PayPal). We pay 110 a month to IVA and have always paid on time.

    My wife has multi myeloma in remission. No cure as yet. My wife receives max Attendance allowance approx £370 every 4 weeks,going forward and housing benefit increased due to this so we can service the IVA and the new credit really without problem.

    I do feel guilty but it is what it is. Should I tell the IVA company, Hanover about this as payment to cap 1 may show on bank statement. My 3 year review is due and I am unsure whether to just carry on and see if it is picked up. PayPal is used for many purchases on line so the monthly payt is not recognisable as a debt payment. So any thoughts would be greatly appreciated.

      Hi DavidGeorge

      The first thing I would say is that if Hanover find out about your extra borrowing, they probably won’t be happy. That said, it is very difficult to know how they would react.

      They are likely to ask the reason for the extra debt and how you are funding the repayments.

      When you tell them you are managing the payments with the extra benefits your wife now receives due to her condition, they are likely to argue that any spare money you now have should actually be used to increase your original IVA payment. This would be in accordance to the terms and conditions of the IVA you signed up to.

      If they do make this demand and you refuse, they could then cancel the IVA. In these circumstances, an alternative option might be to ask them to add the new debt to your IVA. They would need to get consent from all the creditors to do this. But given your payments will increase, it should be agreed (although they might also demand an extension of the agreement).

      Given you can currently afford the payments towards the new debt, I can understand that you might feel that it would be easier not to tell Hanover and carry on as you are. However, it is likely that they will discover the extra benefits your wife now receives at your next review. If so, they will demand that your IVA payments increase. You will then have a problem.

      If this happens and you find you are struggling to know what to do or how to approach them, please don’t hesitate to give me a call. I would be happy to give you further advice (Call on 0800 011 4712 – its free and confidential).

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