IVA Information

IVA - Individual Voluntary Arrangement

Debt Solutions

Other Information

1. Definition of Terms

‘You’ -  our client or clients whose names is or are stated on our records.
‘Us’, ‘We’ or ‘The Company’, Debt Solutions Services Ltd or its subsidiaries whose       offices are registered at 2nd Floor, 145-157 St.John Street, London, EC1V 4PY.
‘The IVA Help Centre’ is a trading style of Debt Solutions Services Ltd whose offices are registered at 2nd Floor, 145-157 St.John Street, London, EC1V 4PY.
‘The Creditors’, the Companies or individuals with which or whom you have unsecured personal debts and with which you have provided us with details.
‘Debt Management Programme (DMP)’ or plan of repayment of those debts with which you have provided us with details.
‘Fees’ the fees to be paid by you to us in accordance with the Debt Management Programme or other financial solution as agreed by you.
‘IVA’ – Individual Voluntary Arrangement as described by the Insolvency Act 1986
‘IP’ – Licenced Insolvency Practioner

2. Agreement and Authority

You have agreed and authorise us to act on behalf by providing a debt counselling service in accordance with these terms and conditions. You authorise us to discuss your debts and negotiate on your behalf with the Creditors and any other companies we need to involve in arrange your Individual Voluntary Arrangement.

3. Your Responsibilities

1. You will provide to us all information with regard to your finances. This shall include but will not be limited to details of your Income; Expenditure; Mortgage, Rent or other priority payments; Creditor payments and agreements; details of any judgements or fines or any other information that is relevant to your financial situation.
2. You will pass to us copies or any documents, letters or statements from your creditors or agencies acting on their behalf
3. Once the IVA has commenced, you will make no further payments directly to your creditors unless instructed to do so by the Company or your IP. You will enter into no separate agreement with any of the creditors without the knowledge of the Company.
4. Once the IVA has been agreed, you will undertake to make no further use of any credit facilities with which we are dealing nor undertake any further borrowing of any kind unless authorised by your IP.
5. You will advise us immediately of any change in circumstance that will affect the level at which you pay into the IVA.
6. Where it has not been possible for us to gain the relevant information from the Creditor, you will undertake to gain this information and supply it to us accordingly.
7. You remain responsible for the payment of any priority debts. These shall include but not be limited to payments such as secured loans; Mortgage; rent; Council Tax; Utility and other household bills; Insurances and HP agreements.

4. Our Responsibilities

1. We will review your financial situation taking into account all Income; Expenditure; Priority debts; Assets and responsibilities. We will calculate your Disposable Income and suggest any possible course of action. We will always suggest solutions based on a “Best Advice” basis.
2. We will appoint a fully qualified Insolvency Practitioner to prepare your file and act as Nominee for the IVA process.
3. The company cannot be responsible if the solution suggested or subsequently implemented is subject to you having withheld information that would have had a bearing on your financial situation.
4. Whilst the Company will make every effort to provide best advice, we cannot guarantee that the IVA or any other suggested course of action remain the most suitable method to repay you debts should your circumstances change.
5. Via the IP, we will negotiate with your Creditors for them to accept a reduced payment based on your Disposable Income. We cannot however, guarantee that your Creditors will not take further legal action.
6. Your Creditors may periodically request a review of your file and payslips or other proof of income or expenditure may be required. T is the duty of your IP as Supervisor of the IVA to undertake an annual review as requested by your Creditors.
7. Whilst setting up the IVA, you may continue to be subject to interest and charges from your Creditors.

5. Payment

1. As we undertake an extensive amount of work on your behalf at the commencement of an IVA, we will retain the first monthly payment to cover the cost of implementing your IVA. In the case of weekly payment, a total of 4.33 payments will be regarded as the first monthly payment.
2. At no time will you owe money to Debt Solution Services Ltd for the services we provide.
3. After this period, payments will payable to the IP we have selected to act on your behalf and you will be subject to any terms of cancellation they may impose

6. Termination of the Agreement

1. Having returned your Initial Information pack and made your first payment, we will write and confirm that payment has been received. You will have a 7-day cooling off period from that date our letter during which you may cancel the programme and any fees paid by you will be refunded.
2. We may end this agreement by giving you four weeks notice in writing should any of the following occur:
   1. You fail to make your initial payment onto the IVA.
   2. You breach this agreement and fail to rectify that breach within 7 days of being so notified.
   3. You provide us with knowingly false information
   4. Any or all of your outstanding credit was deemed to have been obtained fraudulently
   5. If the information held by your creditors is deemed by them to be incorrect
   6. If we are affected by any act of war, terrorism of force majeure