help and info please

lowie1978
lowie1978 Posts: 16 Forumite
First Anniversary First Post
edited 14 August 2017 at 10:08AM in IVA & DRO
My late father who passed away march this year had an IVA which he completed in dec 2016. My mother and father had a joint mortgage and my dads life insurance paid off the mortgage . while sorting threw stuff we found out ppi was missold on the mortgage so my mom made a claim . the claim was successful and she received a letter sat morning saying that the money had been sent to the company that was dealing with fathers iva even tho it had been closed in dec 2016 . i have tried speaking to the iva company but until they receive proof of next of kin they wont discuss but did say that due to this been an asset they could still have it .. im just after some advice on this can the iva company take this money ?

thanks in advance

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Hi lowie1978

    I’m very sorry to hear your father has passed away. I’m afraid the situation with the missold PPI and the IVA is a complicated one and may not be clear cut. You are certainly going to need legal advice as there are number of issues, including the fact it sounds your father had a sole IVA but the mortgage and PPI was in joint names with your mom. There has also been a recent Court of Appeal case (Green v Wright) which could have a bearing on this.

    You can search online for possible places to get free legal advice in your local area, such as www.lawcentres.org.uk. Good luck with everything.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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