Mark Atherton
Download 'Too Hot', an exclusive Specials track from iTunes
Insolvency practitioners today expressed anger at the Government’s decision to abandon plans for a simplified scheme for debtors to come to an arrangement with their creditors.
They have labelled the U-turn a missed opportunity and fear it will harm both debtors and creditors.
Their concern follows yesterday’s announcement by the Insolvency Service, a Government body, that it was no longer proceeding with proposals to introduce a new simplified form of Individual Voluntary Arrangement (IVA), which provides a framework agreement between debtors and their creditors as an alternative to bankruptcy.
Under the simplified IVA, or SIVA, it would have been easier to secure approval for an arrangement than for an existing IVA. For a SIVA the requirement would have been reduced to 51 per cent of voting creditors, compared with 75 per cent for a standard IVA.
The Insolvency Service said it had halted plans for a simplified scheme because the existing IVA process had been streamlined to such an extent that SIVAs were no longer thought necessary. It also said that some groups of creditors felt a simplified scheme would reduce their ability to decide the terms of an IVA.
David Kerr, chief executive of the Insolvency Practitioners Association (IPA), said his members were very disappointed at the Government’s change of heart. He said: “The SIVA scheme would have made it more difficult for creditors to defeat reasonable proposals for repayment by setting arbitrary minimum levels of return which take no account of debtors’ circumstances and ability to pay.
“Certain crditors are still insisting on receiving more than debtors can afford to pay in some cases, resulting in proposals being rejected even where the creditor represents only 25 per cent of the debts. That can be in nobody’s interest.”
The IPA is also concerned that the Insolvency Service has, at the same time, decided to shelve existing plans for authorising a new body of voluntary arrangement practitioners, who would have specialised in handling IVA cases.
The Insolvency Service has blamed the hold-up on difficulties in making the required amendments to existing legislation. But Mr Kerr, of the IPA, says: “The Insolvency Service claims this is a postponement rather than a withdrawal but it has not come up with a timetable for implementing the plans for voluntary arrangement practitoners.”
He added: “There is a big demand for additional expertise in this area. Back in 2004 the number of IVAs taken out each year was about 10,000. Now the figure is running at about 40,000.”
A spokeswoman for the British Bankers’ Association, whose members account for the majority of unsecured lending in the UK, said: “Banks are pleased with the decision not to proceed with simplified IVAs as we had concerns about the effectiveness of the proposals."
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more






The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Do not ever forget the LAWYER LEECHES riddled with greed and glee ... for handling all of those delightful banruptcy proceedings, adding more misery, salt to gaping wounds and insult to the injured.
Robert Henry, London, UK
What a surprise, the Banks object! Pehaps it would have made it harder for them to convert an unsecured loan into a secured one and force a person into insolvency over a grossly overpriced alleged debt..
Anon, London,
Great, The "Sooner we Rid Society of "LEECHES"!, the better!
paul, Manchester, Uk