CCA in an IVA

holeymoley

Hi ,
I am new to this site so please go easy on me .


I am in an iva and have 5 years still remaining on it .

I have got into the position i am in through my own fault spending on credit cards that i could not afford to pay back. Horrific when i think back that i did not see this as someone elses money but when you are offered £100,000 of credit temptation takes over .

The question i hope someone can answer for me is I have around 9 creditors included in my iva all credit cards taken out before 2005 and i am 100 % sure i have not signed the majority of these agreements .

I i were to persue the cca route to prove unenforcable agreements does this mean that if sucessful the money would be taken of the balance of the agreed sum in the iva or would they take it from the money already written off when the creditors agreed the 50p in the £ rate for repayment .

The amount owed was £98000 but in the iva is now £49000 over 6 years .

Is it worth persuing as i fell they would class it as windfall and take the lot back and still make me pay for the next 5 years .

If i could prove that most of the agreements were unenforcable could this invalidate my iva as I would not owe them anything in the first place is that makes sence?

Any help v much appreciated :j