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PPI claim now I have my IVA Certificate of Completion

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Hi guys

After slogging away for seven years, I finally received my certificate of completion for my IVA this week ... I'm beyond thrilled for it finally to be finished.

Putting aside the ethical quandary, can anyone explain (in laymans terms!) what the legal standpoint is on making an IVA claim? There is a lot of legal jargon on the certificate and letter, and I'm struggling to figure it out.

Thanks in advance for any advice you're able to give.

Comments

  • sourcrates
    sourcrates Posts: 31,393 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 26 March 2017 at 11:57AM
    Dragonjnr wrote: »
    Hi guys

    After slogging away for seven years, I finally received my certificate of completion for my IVA this week ... I'm beyond thrilled for it finally to be finished.

    Putting aside the ethical quandary, can anyone explain (in laymans terms!) what the legal standpoint is on making an IVA claim? There is a lot of legal jargon on the certificate and letter, and I'm struggling to figure it out.

    Thanks in advance for any advice you're able to give.

    Do you mean a PPI claim ?

    Depends entirely on the type of IVA you had.

    A case has just been through the high court, and it appears that if you had an "all assets" IVA, any PPI refund, must be paid to your creditors, even if the IVA has ended.

    You need to check your IVA paperwork to see what kind of arrangement you had.
    I`m unsure of the time scales involved here, (exactly how long after completion you still had to pay them) but as a date for reclaiming has now been set, your chance may of passed.

    Full details available here :

    https://debtcamel.co.uk/ppi-claims-after-iva/
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Lincsdebt
    Lincsdebt Posts: 97 Forumite
    Debt-free and Proud!
    Can I ask a related question - where do you see what kind of IVA you had? I read my paperwork quite a few times, but can't recall seeing any mention of an "all assets" IVA? What other kinds are there?


    PPI claims were handled by a company for Payplan during my IVA, so it's not going to affect me. I also had to sign a disclaimer when mine was finished, so they still get anything going forward (though I doubt there's much else). So I'm just curious that's all.


    Thanks.
  • mwarby
    mwarby Posts: 2,048 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The 2016 IVA proticol terms have

    14(1) Property other than excluded assets belonging to or vested in you at the date
    of commencement of the arrangement which would form part of your estate in
    bankruptcy shall be subject to the arrangement.

    I think this has been in place for some time. The IVA protocol covers straightforward IVAs and I'd think most of payplans ones would have come under it
  • Hi folks,

    My story started December 2006, my completion certificate arrived Jan 2014! The first statement in my proposal stated that this was for 60 months, with a maximum of 66 months for completion. I missed a payment towards the end which was a mistake on my behalf and took them 12 months to advise me of the same. Then the PPI and VAT issues where used as a reason for holding up the rest of the process . As you can imagine this seems endless but now I feel like walking into the head office of GT and really creating a scene. I received solicitors letters to be completed in 2012 regarding PPI, which I refused to sign as I saw it as giving them amendments to my already fulfilled IVA.

    I then applied for PPI claims, I have received two, one was sent a check via GT minus 70% of the claim for third party administration agency fees etc etc and I also received cheques directly another bank in full settlement. I have a few questions regarding my scenario. What right do the IVA supervisors have from a completion certificate? How do I go about questioning there action without my agreement? The whole IVA thing really has me perplexed and honestly believe it to be a control action by the banking industry to recover more money than they would receive in a BR case.
  • sourcrates
    sourcrates Posts: 31,393 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    There was a court case to decide on this earlier this year, as many people felt the same as you, that once your IVA ended, that was the full extent of your liability.

    Now you say you didnt sign the GT forms, however, i suspect they would of used the outcome of the court case, as there authority, as it was found in favor of the IVA companies on appeal.

    You were lucky some paid you directly.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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