Too Good To Be True

Challenger

Like I said at the start of my post I was originally intending to set up an IVA and just wanted to explore other possibilities which I was told about first so thanks for the advice everyone but I do not feel any responsibility either moral or otherwise to the creditors and feel entitled to use any means at my disposal to pay as little as possible as my family can make much better use of the money than some corrupt mega institution

MrsTinks

In that case best of luck with your fee paying cowboy outfit Come see us in 6/12 months when they screw you over too
Without details of your debt and income/outgoings we CAN'T advise you on what the best path for you is... IVA will mark your credit record, but not as severely as going bankrupt will, a DMP will mark it even less and can be managed either by you or one of the debt charities in my signature.

And ofcourse YOU need to have what we refer to as a lightbulb moment so that you don't end up in a similar or worse position in the future. There are no quick fixes despite what the flashy adds promise and you'll find many people on here who have been "done over" by the advertising IVA companies out there... they promise the world and VERY rarely deliver even a small clump of dirt.

Deep_In_Debt

By requesting a CCA it doesn't make the debt go away. It just makes it unenforceable. All my debts have unenforceable agreements, I'm still paying the debts back though as they are my debts. I'm just hoping that I won't be taken to court and if I am, hopefully the judge will look favourably upon me for paying. My creditors know the agreements are unenforceable (2 of them told me and my biggest creditors!) so I'm in control of the debts and pay them what I can afford and not what they want.

Numpty_Monkey

Challenger wrote: »

Like I said at the start of my post I was originally intending to set up an IVA and just wanted to explore other possibilities which I was told about first so thanks for the advice everyone but I do not feel any responsibility either moral or otherwise to the creditors and feel entitled to use any means at my disposal to pay as little as possible as my family can make much better use of the money than some corrupt mega institution

And has been said before why use a fee paying company that is making money while you are still in debt when the information is there for free

Turtle

Sorry Challenger but your attitude to this appalls me. Regardless of whether you think you were leant the money irresponsibly YOU spent it. You should be making efforts to pay at least some back otherwise everyone (including you in some way in future) will be paying for trying to wriggle out of your responsibilities. Banks are not charities, they are businesses and have shareholders to keep happy. If they make large losses due to write offs they will try and recoup this in other ways, which will more than likely penalise everyone who gives them any custom, by higher interest rates or charges for all customers not just those that would have incurred them under an 'old regime'.

Deep_In_Debt

I agree with MrsTine and other posters. I'm all for claiming back unfair charges and extortionate interest rates and my creditors are last in the pecking order when it comes to paying essential stuff but I am still paying my creditors.

I agree with tonypipps, I'm not out to shaft the creditors, I'm out to get back what's considered unfair and some of my creditors have refunded charges so they have accepted it's unfair but I used to law and the people here in order to do that.

Deep_In_Debt

I agree tony. I had creditors falling over themselves to offer me consolidation loans, luckily I saw sense and said a big, fat, NO, NO. But it was tempting at the time but been there, done that, got the T shirt...

Challenger

Deep_In_Debt wrote: »

By requesting a CCA it doesn't make the debt go away. It just makes it unenforceable. All my debts have unenforceable agreements, I'm still paying the debts back though as they are my debts. I'm just hoping that I won't be taken to court and if I am, hopefully the judge will look favourably upon me for paying. My creditors know the agreements are unenforceable (2 of them told me and my biggest creditors!) so I'm in control of the debts and pay them what I can afford and not what they want.

Obviously being in control of what you pay is better than the lender being in control but if your credit agreements are unenforceable why should you worry about being taken to court,no lender in their right mind would take you to court knowing they were relying on an unenforceable agreement and if they did surely the judge would throw it straight out anyway.

Challenger

Numpty_Monkey wrote: »

And has been said before why use a fee paying company that is making money while you are still in debt when the information is there for free

The point is that what has been suggested to me is that for a fee there are people who will use legal means to persuade the lender to write off the debt and accept that the debt will never be repaid by proving the credit agreement is unenforceabloe.
All the information I can see here is about the best way to repay a debt which is a totally different thing altogether.
My original post was to enquire of the contributors to this forum if they had experience of such people offerring such a debt write off service but it seems to me that most people on here would not be interested in such a situation even if it were perfectly legal and much less costly than paying off the debt which is something I can not understand

Deep_In_Debt

Challenger wrote: »

Obviously being in control of what you pay is better than the lender being in control but if your credit agreements are unenforceable why should you worry about being taken to court,no lender in their right mind would take you to court knowing they were relying on an unenforceable agreement and if they did surely the judge would throw it straight out anyway.

They will try it as creditors prey on those less up on the law. There just seem to be an awful lot of people being taken to court for CCJs and CO's etc and I can't believe that everyone of those agreements are enforceable. There is always the risk that it can happen.