Windfall after the IVA was settled

kevin_pidd

 I settled an IVA with 2015. I have now had a windfall  for mis-sold pension advice that they are pursuing. It clearly states on the IVA paperwork that they can pursue me basically until the end of time for mis-sold PPI not for general compensation awarded . has anyone else had this and can anyone help?

sourcrates

How did your IVA company know after 5 years ?

The windfall clause ends with the IVA, only PPI can be reclaimed (Green v Wright) and only to the point your IP tells you in writing that they have no further interest in your case.

I would certainly complain and point that out to them.

kevin_pidd

The people who arrange my compensation claim asked if i had been involved in an IVA in the last 5 years so i gave them the details that's how the IVA company found out . 
Sound like you have had dealings with this problem in the past. Could you point me in the direction of someone that could help.

sourcrates

Well we see a lot of cases on here with regard to PPI, and due to the Green v Wright court case, most PPI payments end up with the IP.

But, what you are talking about is the windfall clause, basically, and this is across the board with most IVA arrangments, once you have your completion certificate, then your liability ends, and you are no longer restricted by the windfall clause.

However, there is an amendment to the rules which state -

"There are a few windfalls that still have to be paid into your IVA after you have a completion certificate. Examples include compensation paid for wrongdoing which happened before or during your IVA".

It may be this clause they are basing there decision on.

I would still speak to your old IP about this, you may be able to come to some arrangement with them.