IVA and PPI claim issue, advice please!!!

Alijayray

My husband was in an IVA, which started in 2007, he had some payments deferred and added on to the end and it was due to finish June 2013. In April 2013, he offered an amount for full and final settlement which was accepted by the creditors and was then promptly paid, so as far as he was concerned the IVA at that point was finished.

He was then contacted by the IVA company to say that they would not close off the case unless he agreed to do a PPI claim, the company had him over a barrel so he had to sign the paperwork.

He has now had a letter from Tesco stating that there is a refund due of £3800, however on reading the letter the money being refunded is from a loan that he had in 1999 and a loan in 2000, both of which where settled before he entered in to the IVA in 2007, there was a further loan with Tesco in 2004 which is the loan that became part of the IVA, but PPI was ever taken. The letter states that as he is in an IVA that that the refund will go directly to them (IVA settlement was accepted in April?) and he is to sign to agree.

Please can someone advise if the IVA company are allowed to do this? It seems very wrong to me! They are claiming money after the IVA has been settled for loans prior to the IVA beginning!!!

There was nothing in the acceptance of the offer of full and final settlement to say that it would only accepted if PPI was claimed back. As far as I can see the creditors are getting what they expect to be getting and the IVA company are pocketing the money for themselves!

Please help!!

Foxy-Stoat_3

If the 2 loans did not form part of the IVA then I do not see how they should be refunded into the IVA. Maybe if you confirmed in writing to Tesco and your IP they should just refund you directly.

Any refunds for debts included in the IVA still form an asset of the IVA whether settled by a F&F or not.