In IVA can I still challenge debt?

[hackster]

Hello

 

Almost 2 years ago I entered an IVA with CCCS, The debt was made up of loans, credit cards, and an overdraft. Can I still challenge the debt i:e check if I was misold it with an unenforcebale credit agreement. Or am I now stuck because I entered the IVA, any help would be appreciated.

 

Thanks

[toddle2u]

Yes of course you can and I would advise you to. However I would also say to keep paying the monthly IVA installments while you do this

[hackster]

Yes of course you can and I would advise you to. However I would also say to keep paying the monthly IVA installments while you do this

 

Thanks for the reply

 

I'm pretty new to the forums although posted before months ago about a friend, this is the first time I've really enquired about my own situation. Do I write to the IVA company? or each of the creditors? Can anyone advise or post a link to th best thread on here that advises of the process to follow?.

[loobyloo85]

You would need to write to all of your creditors.

 

There is a guide to checking enforceability, on the General Debt Issues section of this forum, under Sticky, and Guide to Enforcability

 

x

[sequenci]

Hello there.

 

Now that you're under an IVA I don't really see what point there would be in challenging the agreements unless your intention is to allow the IVA to fail. This would then allow you to challenge the agreements on the grounds of enforceability.

[toddle2u]

I have spoken to an IP about this as they are going through all the IVA's on their books and challenging all the c/c's and loans subject to the IVA's. The reason they are doing this is so their clients can make a smaller contribution to the IVA as the liabilities will be less if they are unenforceable

[sequenci]

I have spoken to an IP about this as they are going through all the IVA's on their books and challenging all the c/c's and loans subject to the IVA's. The reason they are doing this is so their clients can make a smaller contribution to the IVA as the liabilities will be less if they are unenforceable

 

I work directly with many IP's and I've not heard of any that would have the inclination to do this as it would be well outside of their usual remit. It's an interesting strategy for sure, I'm just concerned that an IVA is legally binding arrangement and that any amendments can only be made on agreement by the creditors.

[toddle2u]

I too work with IP's. There thinking is if the agreement is unenforceable then the creditor should not be party to the IVA. It is something they have only just started doing i.e trying to get copies of the agreements

[hackster]

Hello it's been a while.

 

I now have the names and addresses of the creditors claiming from my IVA after waiitng a while for a reply from my IVA company. Do I write to the original debt company or the addresses below? What do I write? any templates that are best to use? What responses should I expect and what are my next steps? The addresses are as follows,

 

Max Recovery Limited (Barclaycard)

PO Box 6302

Bournemouth

Dorset

BH1 9DY

 

 

CapQuest Debt Recovery Ltd (Egg)

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

 

Royal Bank of Scotland - Loans / Accounts (Natwest)

PricewaterhouseCoopers Ltd

Lennox House, Spa Road

Gloucester

Gloucestershire

GL1 1XD

[stevo7790]

Hackster,

 

I am so glad I found your post, these are my exact intentions also...

 

I spoke to my IP here is my post http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/227649-new-member-needs-know.html I have actually linked yours in mine already...

This is encouraging news especially since it lowers the debt, however until I see the CCA I won't get excited, simply because I/we dont know it anything is unenforcable...

 

Good luck in this though, will keep checking any updates

 

Steve

[skippync]

Hackster

 

In the same boat. Am in an IVA now for 2 1/2yrs for total debt of 41k. Have been chasin my creditors for agreements and one has stated there is a nil balance and another has given me a figure that is 6k less than what they orignally claimed for on the IVA. The six k one ha yet to provide a credit agreement. I agreed to pay my creditors at 40pin the pound, so if I can get the IP to get the original amounts corrected the hopefully I will only have 6 months payments left. Will update. Let me know how you get on. DEBT FREE here I come. There are some really good templates on here to deal with the creditors