Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • 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
    • 14,543 Posts
    • 13,698 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 Free 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.
    • Donnak74
    • By Donnak74 29th May 18, 3:00 PM
    • 3 Posts
    • 0 Thanks
    Donnak74
    • #6
    • 29th May 18, 3:00 PM
    • #6
    • 29th May 18, 3:00 PM
    I completed my IVA with Grant Thornton December 2014, and have a letter stating I am released from all debts and the IP has ceased to act on my behalf. I put in a PPI claim with HSBC and they are prepared to make me an offer but have said that my IVA company have an interest. yes i have read the green vs wright case. This appeal was upheld in March 2017, I complained to HSBC prior to this. More to the point, today I have found out that a company called Aperture have bought my case and are claiming the PPI. Until today I had no idea that they had taken over my CLOSED IVA and I have never given them permission to hold my details unknowingly for the past 4 years. So if they can take over a PPI claim that was prior to March 2017, does this mean I can ask them under GDPR why they have held my file unbeknown to me for the past 4 years?
    • Tinks74
    • By Tinks74 4th Jun 18, 1:59 PM
    • 196 Posts
    • 123 Thanks
    Tinks74
    • #7
    • 4th Jun 18, 1:59 PM
    • #7
    • 4th Jun 18, 1:59 PM
    Aperture is Grant Thornton, it is not a different company, and the files relating to the IVA must be kept in archive for at least 5 years after closure, so there is nothing sinister there.

    The final Green vs Wright appeal result has annoyed many IP's who now have to go rooting through closed files to check the status of any potential PPI claims.
    But the date of the Green vs Wright appeal has no effect on when the PPI claim was made, if the PPI refund is caught within the All Monies element of the IVA then it is due to the IP whether it was claimed before or afterwards.
    • Mat190295
    • By Mat190295 7th Jun 18, 4:38 AM
    • 5 Posts
    • 0 Thanks
    Mat190295
    • #8
    • 7th Jun 18, 4:38 AM
    Dfd iva
    • #8
    • 7th Jun 18, 4:38 AM
    Hi to all, on the same subject. I have recently found out that i may be owed PPI in respect of a credit card which was taken out in 1998 with halifax.
    This with other debts were included in an IVA with DFD starting from 2003, this was finished in 2008 and we had the completion certificate.
    But with all this talk about the ruling last year im wondering now if i will even see any monies owed. As for paperwork relating to the IVA i dont think we even have it now as it was 10 yrs ago.

    Neither myself or ex have received any letters from the new company that took over DFD.

    Should i worry ??

    Regards
    • Tinks74
    • By Tinks74 8th Jun 18, 2:10 PM
    • 196 Posts
    • 123 Thanks
    Tinks74
    • #9
    • 8th Jun 18, 2:10 PM
    • #9
    • 8th Jun 18, 2:10 PM
    Hi Mat

    The way it usually works, especially since the appeal decision was made, is this:
    1. The credit card company will check whether you have ever been in an IVA.

    2. If they find that you have they will /should not pay out any refund until they have contacted the IP and asked them whether they have an interest in the refund.

    3. The IP will then check their records, if they still have any, to see if your IVA was a All Monies or Defined Assets.

    4a. If it is All Monies then they have an interest in the refund, the credit card company will pay the money directly to the IP and you will be sent a letter informing you of what they have done.

    4b. If the IVA was based on Defined Assets, or the IP has no files left to refer to, the IP declares that they do not have an interest in the refund and the credit card company will send the money to you.

    Your only real concern is whether you have employed an agent to make a PPI claim on your behalf. This is because you are liable for the agents fees regardless of whether the monies go to you or your former Supervisor/IP.

    If you made the claim yourself and it was still technically an asset of the IVA you have not lost anything if you don't receive it.

    Given the timescales there is a distinct possibility that there the files have been destroyed, however it is not a given.

    If you still had your proposals you would have a better idea of where you stand, but under the circumstances you will just have to wait and see, you will be informed of the result regardless.
    Last edited by Tinks74; 08-06-2018 at 2:17 PM.
    • Mat190295
    • By Mat190295 8th Jun 18, 7:27 PM
    • 5 Posts
    • 0 Thanks
    Mat190295
    Cheers for the input. I actually sent an email to aperture regarding getting a copy of old recotds including completion cert. They have replied. The response given was due to the timescale and the the take over of DFD all paperwork was destroyed in 2014..
    I have today been advised that argos added ppi to a store card years ago too. This was also included in the iva.

    So guess wait n see now.
    • Mat190295
    • By Mat190295 8th Jun 18, 7:49 PM
    • 5 Posts
    • 0 Thanks
    Mat190295
    Oh firgot to say doing on my own no input from ppi claim company.
    • Mat190295
    • By Mat190295 12th Jun 18, 8:55 PM
    • 5 Posts
    • 0 Thanks
    Mat190295
    I can confirm that today received a letter of no interest from aperture regarding my old IVA.
    So ppi claims here we come.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,176Posts Today

7,427Users online

Martin's Twitter
  • RT @bbcthehour: "Mental health and debt is a marriage made in hell" @MartinSLewis told the Senedd when people are more vulnerable they're m?

  • RT @justindeaville: @MartinSLewis I looked it up when we last went. It's ball speed. And it's about O.3 seconds to cross the court. @Martin?

  • Amazing how empty the #Wimbledon court is for the mixed doubles even though there's a Brit playing. The bars outside are rammed though

  • Follow Martin