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  • FIRST POST
    • LincolnLover
    • By LincolnLover 17th Nov 17, 8:33 PM
    • 3Posts
    • 1Thanks
    LincolnLover
    IVA/PPI and Green V Wright Court Case
    • #1
    • 17th Nov 17, 8:33 PM
    IVA/PPI and Green V Wright Court Case 17th Nov 17 at 8:33 PM
    Hi,

    I hope I am posting in the right place. Myself and partner completed an IVA in Oct/Nov 2011 and have a Certificate of Completion dated 31st March 2012 and the accompanying report saying we are debt-free etc.

    Today I have received a letter from Freeman Jones who were our IVA firm. Basically it makes reference to a Court of Appeal case Green v Wright and is about who should get PPI payments during or after IVA. The legal jargon is a bit complex for me but I get the idea of it.

    I can 1000%, hand on heart, swear on my child/cats lives swear that PPI was NEVER mentioned by ourselves or Freeman Jones during our IVA period of 6 years. Never even heard of it or thought about it.

    The letter is saying that PPI refunds should be or have been treated as assets and any payments made to creditors and I get that. That IVA company's have the right to claim PPI on the debtor's behalf if the debtors allows it ? Or the debtor can claim I presume.. This was never done in our IVA because it wasn't done thing then or Freeman Jones are morons and forgot.

    Naturally hubby and I have been able to claim some PPI back, about 3 years after our IVA was completed. Not a great deal but some of it has been spent and some of it is now in our saving account. The PPI was paid to us by banks who were part of the IVA. Think2Claim handled the PPI claims and took a good percentage of it because we never kept any of the old credit card statements or loan statements.

    I am wondering if the letter that came today is referring to PPI claims made in the FUTURE only ? If anyone has had something similar from FJ or a different IVA company ?

    No links to the court cases please. I've read most of them. I also don't have IVA terms and conditions to refer back to it. It's been 6 years and they've been shredded. I would have read them back in 2005 no doubt.

    I don't wish to ring Freeman Jones but will probably contact the CAB to start with. I am rather feeling panicky about the letter but feel I haven't done anything wrong. I did my 'time' and have been debt free since. I wish best of luck to others who currently doing an IVA
    Thanks very much for reading
Page 1
    • sourcrates
    • By sourcrates 17th Nov 17, 9:14 PM
    • 12,723 Posts
    • 12,064 Thanks
    sourcrates
    • #2
    • 17th Nov 17, 9:14 PM
    • #2
    • 17th Nov 17, 9:14 PM
    What exactly are they asking for ?
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • LincolnLover
    • By LincolnLover 17th Nov 17, 9:34 PM
    • 3 Posts
    • 1 Thanks
    LincolnLover
    • #3
    • 17th Nov 17, 9:34 PM
    • #3
    • 17th Nov 17, 9:34 PM
    In the letter nothing specific. Just saying in event of the court case, ppi payments should be classed as assets and thus should be paid to iva ip to dish out to creditors.
    • stecast
    • By stecast 18th Nov 17, 6:56 PM
    • 73 Posts
    • 36 Thanks
    stecast
    • #4
    • 18th Nov 17, 6:56 PM
    • #4
    • 18th Nov 17, 6:56 PM
    In the letter nothing specific. Just saying in event of the court case, ppi payments should be classed as assets and thus should be paid to iva ip to dish out to creditors.
    Originally posted by LincolnLover
    Hi LincolnLove,


    I received same letter from Freeman Jones and was thinking the same thing, my IVA was roughly completed same time as you and very similar PPI claims to you.


    To add - just found this, might explain regarding the letter from FJ
    https://www.hilldickinson.com/insights/articles/green-v-wright


    I went as fare to contact FJ before I put some claims in for PPI and was told any claims was for me to keep as it was not in my contract to hand any claims over.


    Strange how 2 days after getting the letter from FJ I have started receiving letters from some of my old bank accounts informing me I can although been rejected for PPI claims I can re apply for them to look in to the claim again.
    Last edited by stecast; 18-11-2017 at 7:02 PM.
    • LincolnLover
    • By LincolnLover 18th Nov 17, 8:38 PM
    • 3 Posts
    • 1 Thanks
    LincolnLover
    • #5
    • 18th Nov 17, 8:38 PM
    • #5
    • 18th Nov 17, 8:38 PM
    Thanks for your reply. It was a very generic letter that FJ sent. Infact it wasn't even addressed to me just hubby and it was a joint IVA. PPI claims were made in separate names though. None of our debts were in joint names. We didn't contact FJ prior to claiming PPI as far as we were concerned IVA was done and dusted. Was fully prepared for the banks to say 'No' to any payments. After all, all the banks were part of the IVA that the refunds came from. Surely they keep records.
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