After an IVA

[Cartoon Head]

Hello all.

 

I recently failed my IVA after 3 years, and am just starting to get the demanding letters, so far from moorcroft but am expecting the rest soon who will be mostly managed by eversheds.

 

Firstly, because of being in an IVA previously does this mean i have allready admiitted i owe the debts, so cannot try anD CCA them as even if the cannot provide the CCA i have admitted the debts as i signed to the iva?????

 

Secondly by being bound by the IVA would the creditors have to have produced the ccas to get the iva going in the first place, so would i be wasting my time trying to go down the cca route?

 

I ask as most cca will be up to 10 years old now, and doing a quick scan of this site its seems ccas of this age are rare???

 

Rgds

[spamheed]

Just because you've made payments against debts doesn't preclude you from requesting a CCA. You are only now becoming aware of your rights

 

If the debts are due to defaulting on CCA governed loans/debts then they would still have to produce the document on request.

 

As they are enforcing these documents, if and when the matter got to court, if you defended the case on the grounds of "no agreement" or simply want the creditors to prove they have a right to the debt, then they would have to produce the documents at court

 

If they can't produce the documents, at the very least, it puts you in a stronger position with regard to a F&F settlement

[sequenci]

the creditors would not have the prove the agreements at all. you could still use a cca request at this stage. i think it would be worthwhile, especially if the agreements are old.

[cc62]

Hi I don't want to gatecrash your post but read with interest that you have failed your IVA after three years. Did/have your creditors filed for bankruptcy?? I am one year into my IVA and am toying with the idea of going bankrupt as I can't really afford the IVA. Your knowledge would be very helpful.

Thanks