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uptoeyeballs

Unenforceable credit agreements and IVA

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Hi,

 

My first post here, but I've been reading the forums and cannot see an answer to my question.

 

I have many agreements, some of which I suspect are unenforceable as they were taken out at a similar time with the same companies already thought to be unenforceable in the forums, although I've not asked for copies as yet.

 

The difference for me is that some have already obtained CCJ's and Charging Orders and I've entered into an IVA.

 

My thinking is that if I can reduce the debt down then I could clear my IVA quickly.

 

Would appreciate any guidance/links to suiatble threads.

 

Thanks.


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Do alot more reading on the site eventually you will find the answers to your questions. Not an area I have read up on as I came at things before they got to court. Post up your progress on your thread and caggers will probably comment helpfully.

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Hmm, couldn't find anything definative on the forums, but at Loan-Free.co.uk found this:

 

"My Lender is threatening to take me to Court, can you help me ?

Your Lender is probably taking you to Court because you have failed to keep up your regular monthly payments and they are entitled to do this. However, if your Lender does obtain a County Court Judgment against you, if at a later date the Solicitors are able to prove that your Credit Agreement is Unenforceable, then the County Court Judgment registered against you could then be removed"

 

Also, might try these guys as they ask for no money:

Fair Judgement: Unenforceable Loan & Personal Injury Solicitors


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For anyone landing here searching for help I'm leaving a note here as I've learned a lot form these forums since my original post.

 

It seems to me there is no reason to prevent someone going down the s77/78 route even if an IVA is in place, although this is probably only going to be worthwhile if you think you may fail the IVA or can wipe out so much that you'll be in a better position.

 

You can click on my user name > statistics > Find all threads started... to see how it's going.

 

So far I'm astounded with the terrible record keeping of banks and card companies. Really! Try asking for agreements or send a SAR and see what you get.

 

Good luck with your own quest. There are some great people here.

 

uteb.


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