Are my debts forceable - advice please

[Spellkaster]

Yes, I have made mistakes over the years financially, and would now like some advice.

I was on incapacity benefit way back in 2006 when Halifax gave me a credit card.

They agreed a set limit of £1000.

In time, they kept upping the credit amount each time I paid the amount off.

I now have a credit limit of £9000, and a debt of around £3200 on there.

Second debt is a Littlewoods Catalogue, currently debt is about £200.

Both these debts were taken long before the April 2007 to declare the debt unenforceable.

Thirdly, Halifax gave me a personal loan done online sometime in November/December 2011.

They did not ask me any financial questions when accepting me for the loan, and they did not ask for my income or expenditure.

They also did not ask me any key questions like if I was unemployed, employed etc etc.

Same as with Virgin Money, no questions asked about my employment status, etc etc when they gave me a credit card. Debt on there is around £900.

To date, I have been on an IVA since June 2012.

Because some of my debts are pre April 2007 when it could be declared unenforceable, does this loophole still exist, and can I argue that Halifax in particular were irresponsible to lend me money knowing I was unemployed at the time?

[FlamingParrot]

Re: Are my debts forceable - advice please

To date, I have been on an IVA since June 2012.

Because some of my debts are pre April 2007 when it could be declared unenforceable, does this loophole still exist, and can I argue that Halifax in particular were irresponsible to lend me money knowing I was unemployed at the time?

Yes, the so-called 'loophole', which is, in fact, based on statute law, still applies to accounts taken out before April 2007, however, before going any further, you say you are on an IVA since June 2012, weren't those debts included in your IVA?

[Spellkaster]

Re: Are my debts forceable - advice please

Yes, the so-called 'loophole', which is, in fact, based on statute law, still applies to accounts taken out before April 2007, however, before going any further, you say you are on an IVA since June 2012, weren't those debts included in your IVA?

Yes the said debts are part of the IVA because I feel that Halifax lent to me irresponsibly when they knew I couldnt pay it back.

As far as I know it doesn't matter if I am on an IVA or not the pre 2007 still is a factor to get them written off.

[FlamingParrot]

Re: Are my debts forceable - advice please

Yes the said debts are part of the IVA because I feel that Halifax lent to me irresponsibly when they knew I couldnt pay it back.

As far as I know it doesn't matter if I am on an IVA or not the pre 2007 still is a factor to get them written off.

I'm afraid you have been mis-informed. Even when debts are unenforceable, they are not written off. What you do is wait for the limitation period to kick in (5/6 years depending on where you are). The debt still exists, but you cannot be forced to pay it back through the court system.

If you wanted to take advantage of unenforceability, you should have done so before you entered into an IVA, which is a legally binding agreement, unlike a DMP. :sad:

With a DMP, yes, you could just send a CCA request and see what they come up with, then stop making payments through the DMP. You can't do that with an IVA.