www.iva.co.uk

Hi,

I went BR in 2007, but after reading all the forums about unenforceability, it seems that all the accounts I had were unenforceable.

Should I try to get the BR reversed?? if there is such a thing on the basis that they were all unenforceable.

All agreements are BEFORE 1ST APRIL 2007?

Are you saying that the banks did not lend you any money then? If so, why would you be seeking to avoid being held responsible for debts from which you are now discharged?

Personally I wouldn't bother - this will cost you money with no guarantee of success, and to me it's debt avoidance. OK, the debts were written off in BR, but if you borrowed the money intending to pay it back then surely it's wrong to have the debts written off with no penalty to yourself?

I would put the BR behind you and move on.

I agree with you Skippy absolutely - the nearest town to us - population only 12,000 and there are two debt avoidance people started up - they both claim no win no fee yet both ask for £500 up front and advertise as "Why be responsible for a debt when you don't have to be". Trading Standards are looking into their activities. Debts have to be repaid as far as is possible - that is what is so impressive about this site - the vast majority wish to pay what they can - no doubt about that. J

I think you are all missing the point here, after all what the banks have done to us tax payers, this is another example of clear incompetency on the part of the banks in not properly executing their credit agreements to us, JUST CLEARLY THROWING MONEY AT PEOPLE!!! I hope that many people read this post, and take on these spongers!!!! aka, banks and the like.

If they had not been so aggressive in the first instance by refusing to accept variations to my IVA, and refusing to accept my wifes IVA then they would have got back most of the money of what they did lent ad hockly in the first place.

I personally have had to go through an absolute nightmare of a BR, to the extent of at one point I thought me and my family would lose our home.

Had I fought back with some of the knowledge that I now have, I wouldn't have gone BR, wouldn't have entered into an IVA, wouldnt have charging orders on my home by these greedy banks.

I still have problems with charging orders on my home even though I entered an IVA FOR OVER A YEAR, AND BECAUSE THEY WOULDNT ACCEPT A VARIATION TO MY IVA, AND ACCEPT MY WIFES PROPOSAL (WHICH WAS A SLIGHTLY HIGHER DIVIDEND THAN MY APPROVED IVA!!!, BOTH MY WIFE AND I HAD TO APPLY FOR BANKRUPTCY. Every month we get letters telling us that they are considering repossession orders and all of this is absolute garbage. You do the time for the crime, yet me and my family are still being punished.

I personally think the unenforceability of loan agreements is a cheaper way of getting banks to write off bad debt, and perhaps avoid using Insolvency Practitioners to enter in a costly IVA - ALBEIT SLIGHTLY MORE TRICKY.

MORALS DONT COME IN TO IT, AS THE BANKS WILL TELL YOU - BUSINESS IS BUSINESS.

Anyone support me on this???? and How could I do this??

We are sorry you feel as you do - really sorry - but we cannot debate this with you - morals, in our opinion do come into it - we must agree to disaagree but we hope you do find a solution to your problems and then lay them to rest. J and husband

I'm genuinely sorry that you've had such an awful time. However, you won't find advice on this forum on how to have your credit agreements written off as unenforceable as this is not a course of action that the forum condones.

Hi everyone,

Sorry to go off on one, I just wanted people to be aware that even after you try to do the right thing, even when they are the morally correct things to do, it doesnt matter to the banks.

And, we are all going to pay for it in the UK for some considerable time.

I have to say this - one of my husband's debts was a joint one and thus I was liable for all of it; the creditor, when I spoke to them told me that they have read my husband's IVA thought it to be truthful and genuine and was submitted by an honourable IP - Melanie Giles. As a result- they said as a direct result of that - they reduced the debt by a substantial amount such that my mother can pay it. Not all creditors forget the moral aspect. J

No worries pm.e, I'd probably go off on one if I'd had the time you've had.

I know it's no consolation, but you can hold your head up knowing you've done the right thing even if others haven't x

If it were established that pre April 2007 debts were unenforceable (and it is still, as far as I know, going through the court appeal system) then it would apply equally to people who could pay as well as people who couldn't. Two things that the courts have established:
1. The debt remains even if unenforceable through the courts. Therefore creditors, if they choose, can continue to pursue the debt by any other means (e.g. telephoning 10 times a day)
2. Creditors can record the non-payment on your credit file. Presumably, therefore, if the debts are never repaid, your credit-worthiness will be shattered ad infinitum, unlike either bankruptcy or an IVA.
Quite apart from the moral issues, this route is a no-no!!!

A very apt post Johnh, and one which I think a lot of people actually get misled by in that they understand the debts will be written off which is clearly not the case.

me again!,

what about case law:
WILSON v FIRST COUNTY TRUST LTD (2003) UKHL 40

and Consumer Credit Act?

It is not a great case to rely on!

Both the Court of Appeal and the House of Lords were troubled by the human rights and imcompatability issues, which you are obviously familiar with from your research, and stated that whilst Mrs Wilson would be successful in this particular incidence, the case would be unlikely to set a precedence for future cases, amd so far as I am aware Mrs Wilson got away with a technicality due to the timing of the referral to the House of Lords, rather than having a good case in today's eyes.

I think that these things should be left well alone.

I am sorry you have had such an awful time, but at the end of the day you did borrow the money, as we all did, with the intention of paying it back.

If, as has been previously stated, it's still going to mean the companies chase after you, what is the point of doing it?

You may be hundreds of pounds out of pocket, there is no guarantee that any debts will be classed as unenforcable, and it will take some considerable time to sort out anyway.

Personally, I would just accept the fact that your debts have now been written off and just start again with a clean sheet.

This forum will never recommend trying to get your debts written off.