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hendy1

Is commencing an IVA admission of the debt?

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I commenced a 6 year IVA back in 2003 and after paying about half, through a personal problems, am now unable to complete it and a default notice has been issued.

Rather than go bankrupt I would like to fight the debts. Can I now fight the credit card debts on a) refund of charges and b) non compliant agreements,

or by agreeing the IVA have I affected/lost my rights to "re-open" these debts?

About 60% are to credit cards, now mostly sold on to Max Recovery. The rest are also mostly challengable, and those that aren't, I might be able to reach a new agreement with.

 

Thanks

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I think that entering an IVA does show you admit to the debts. I'm not 100%, but I think you may struggle to challenge these on an unenforceable route (IF it went to court) as you entered into an agreement with them through the IVA.

 

However, it is always your right to request CCA's and I would presume you can claim back the unfair charges too.


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I'm not sure - if you are arguing that they are unenforceable I think that you are OK and can still run the argument...don't forget there have been CCA cases where Judgment has been entered and the Defendant has been paying for years and then finds out that the agreement is unenforceable and then applies to set aside the judgment - if you want an example have a look at London North Securities Ltd v Tony James Meadows [2005] EWCA Civ 956


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I met with my IP yesterday who admittedly is a friend (so in a difficult position as he will be the one petitioning for my BR), but he feels it may be worth a run, due to the change of (or is intepretation, sorry still new to the site) of the relevant legislation.

I would say that he told me to go BR on day one as my assets were and still are minimal.

 

So I'm now writing to him to request all the addresses of my debtors. Will keep posting. Thsi will either be quite long and interesting, or will fall over at the first fence.

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