IVA UK Debt Glossary
The following definitions are brief summaries and are only intended as a rough guide. For more help with the details, follow the relevant links in the text, or contact us for
free professional debt advice, with no charge or obligation on your part.
Administration Order
An administration order is a court order placing a company that is, or is likely to become, insolvent under the control of an administrator following a petition by the company, its directors or a creditor. The purpose of the order is to preserve the company's business and assets to allow a reorganisation or ensure the most advantageous realisation of its assets whilst protecting it from action by its creditors.
Bankrupt
Someone against whom a
bankruptcy order has been made and who has not been discharged from bankruptcy.
Bankruptcy Order
The court order making an individual bankrupt.
Charging Order
A court order placing restrictions on the disposal of certain assets, such as property or securities, given after judgement and gives priority of payment over other creditors.
Debt Consolidation
Debt consolidation is a process in which you restructure your debts into a single affordable amount. A consolidation loan can be used to help pay off your existing debts and simplify your repayments. If a consolidation loan is secured against your property, your home is at risk if you do not keep up monthly repayments. If you have a serious debt problem, a debt consolidation loan may worsen your situation.
Debt Management Plan
A
debt management plan can help if you are having short-term debt problems, and the debts are relatively low in amount.
In a debt management plan, you come to an informal arrangement with your creditors to renegotiate your repayments.
A debt management plan shows your creditors that you are serious about repaying your debt. Therefore some creditor chasing pressure on you may diminish, allowing you to modify your behaviour.
Individual Voluntary Arrangement (IVA)
An
IVA is a voluntary arrangement for an individual, a procedure whereby the person comes to an arrangement with their creditors as to how their debt will be discharged. Such a scheme requires the approval of the court and is under control of an insolvency practitioner acting as a supervisor. For more details of the IVA and procedures, please see our IVA help and advice pages.
An IVA is a true DEBT solution, unlike a Debt plan, in that it addresses your real problem, by REDUCING your debt. An IVA could result in a significant amount of your debt being written off.
Insolvent
The word ‘Insolvent’ is largely misunderstood and scares a lot of people. They think that Insolvency is the same a bankruptcy.
IT IS NOT.
You are INSOLVENT when you cannot afford to repay your bills. In other words, if you have borrowed some money and you have contracted to pay an amount back each month, and you cannot afford to meet that payment you are technically insolvent: defined as “unable to meet your repayment obligations as they fall due”.
If you are paying pack minimum payments on your credit card because that is all you can afford you could be insolvent.
SO WHAT?
If you are insolvent there are a number of insolvency solutions that legally become available to you; namely Bankruptcy or an IVA. Both these solutions solve your debt problem by effectively writing off your unaffordable debt, though, clearly, Bankruptcy is more extreme than an IVA.
Insolvency Practitioner (IP)
An Insolvency Practitioner is a LEGALLY RECOGNISED FINANCIAL EXPERT; they are usually specialist Chartered Accountants or Lawyers. It is recognised in Law, that only a Licensed Insolvency Practitioner can arrange for you to go through an insolvency procedure such as bankruptcy or an IVA agreement.
Interim Order
An individual who intends to propose a voluntary arrangement such as an IVA to his creditors may apply to the court for an interim order which, if granted, halts bankruptcy and other legal proceedings whilst the order is in force.
IVA Nominee
The person chosen by an individual to report on the debtors proposals for an IVA. This will be an Insolvency Practitioner.
Proof of Debt
The document submitted in an insolvency to establish a creditors claim, it may be informal (by letter) or in a prescribed form for bankruptcy and compulsory liquidations.
Proxy
The authority given by a creditor or member to another person (proxy holder) to attend a meeting and speak and vote at a meeting on behalf of the creditor or member. In an IVA “Creditors Meeting”, creditors will often not attend in person but rather vote on the proposals by proxy.
Receivership
The general term applied when a person is appointed as a receiver or administrative receiver over certain assets.
Security
A charge or mortgage over assets taken to secure payment of a debt. If the debt is not paid, the lender has a right to sell the charge assets. Security documents can be very complex. The most common example is a mortgage over a property.
Statutory Demand
A formal notice requiring payment of a debt exceeding £750.00 within 21 days, in default of this demand bankruptcy or liquidation proceedings may be commenced without further notice.
