Mis-sold IVA – know if your IVA has been wrongly sold to you

Having debt worries and thinking about an Individual Voluntary Arrangement (IVA)? You’ve come to the right place. Every month, over 170,000 people visit our site for advice on debt solutions.

In this article, we’ll explain:

•  What an IVA is
•  How to know if an IVA has been wrongly sold to you
•  What to do if things go wrong with your IVA
•  How to tell good advice from bad advice
•  What you can do next if you’re struggling with unaffordable debt

Navigating financial difficulties can be challenging, and it’s common to feel unsure about seeking help. In fact, Citizens Advice revealed that 60% of adults facing financial difficulties hesitate to seek assistance.¹

If that’s your case, don’t worry — you’re not alone. We’re here to help you learn more about IVAs and how to make sure you’re not being wrongly sold one.

What Does a Mis-sold IVA Mean?

At times the Individual Voluntary arrangement might be wrongly sold to you.

This could happen if you aren’t fully informed about all the details, leaving room for potential hidden clauses or even fraudulent practices.

If you’ve entered into an IVA without a clear understanding of its terms, conditions, and the circumstances involved, and later discover that you’ve been overcharged or subjected to undisclosed terms, it indicates that you’ve been mis-sold an IVA.

How to Know if Your IVA has Gone Wrong

Many factors play an important factor in an IVA, however, to detect why or how your IVA has gone wrong you must keep some important points in mind:

Debt and Cash Payments do not match

If your payments to the creditors are greater than the reduction in your debt (excluding miscellaneous expenses) that means the money is not wholly being used to pay off your debt.

This might be an indicator of a wrongly traded IVA, however, it does not always mean that an IVA has been sold wrongly. 

Excessive Extra Payments

If your insolvency practitioner has been asking for extra payments, which might not have been a part of the initial agreement, it also indicates a derailing of an IVA.

Usually, the IVA comes with all the payment details, such as the monthly payments and aggregate annual payments, etc. 

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Who is liable if Your IVA has been Mis-sold?

If you feel like your Individual Voluntary Arrangement has been wrongly imposed upon you by your agency or if you are facing a failed IVA due to your IP, you might be able to pass a claim on them.

What Can You Do Next?

There are several options to go by, first of all, you can file a claim against your IP or the company who mis-sold an IVA to you.

You can demand all procedural fees back, the debt advice, and the management fee back as well. 

Secondly, you can even ask for compensation, the financial damages that you have to incur due to bad management and misselling, you might be able to get compensated for that if you opt for a legal procedure. 

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Natasha

Very helpful and informative thank you

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References

1. StepChange – Credit safety net report