PPI claim success from IVA Creditors
Rosie65
Posts: 2 Newbie
Hi.
I had an IVA that finished in 2011 with all terms met.
I complained to all my creditors included in my IVA (5) and basically said that the high cost of primiums and commission rates paid added to my financial downfall. Also the fact that the PPI was not suitable etc etc.
Anyway long story short they all paid out direct to me, a considerable sum. I was honest about the IVA when questioned and of course they hold their own records and do their own investigations.
I thought they must of contacted my now IVA company who must of said they were no longer holding an interest in me as none of the claims were forwarded to them direct.
I have traced whch company is now holding my file, having changed several times and my IP no longer trading. They say however, they do still have an interest.
My question is none of my creditors offset any debt so I believe they can no longer have interest in gaining anymore from me. If I were to hand the money over to the IP they would only be giving the award back again or sitting on the funds for a long time. What would be the point in my creditors giving it to me at all if they still wanted anything from me, they could have taken it at source or not awarded me at all.
Do I have a case for not handing it over?
Thanks
I had an IVA that finished in 2011 with all terms met.
I complained to all my creditors included in my IVA (5) and basically said that the high cost of primiums and commission rates paid added to my financial downfall. Also the fact that the PPI was not suitable etc etc.
Anyway long story short they all paid out direct to me, a considerable sum. I was honest about the IVA when questioned and of course they hold their own records and do their own investigations.
I thought they must of contacted my now IVA company who must of said they were no longer holding an interest in me as none of the claims were forwarded to them direct.
I have traced whch company is now holding my file, having changed several times and my IP no longer trading. They say however, they do still have an interest.
My question is none of my creditors offset any debt so I believe they can no longer have interest in gaining anymore from me. If I were to hand the money over to the IP they would only be giving the award back again or sitting on the funds for a long time. What would be the point in my creditors giving it to me at all if they still wanted anything from me, they could have taken it at source or not awarded me at all.
Do I have a case for not handing it over?
Thanks
0
Comments
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Dangerous assumptions there.I thought they must of contacted my now IVA company who must of said they were no longer holding an interest in me as none of the claims were forwarded to them direct.
As is their (legal) right.I have traced whch company is now holding my file, having changed several times and my IP no longer trading. They say however, they do still have an interest.
Of course not.What would be the point in my creditors giving it to me at all if they still wanted anything from me, they could have taken it at source or not awarded me at all.
Do I have a case for not handing it over?
Otherwise you've effectively had a refund of money you never paid in the first place.
You entered into an IVA in which interest and other monies were written off.
You can't have it both ways, I'm afraid.0 -
Only if you paid off the entire amounts [this includes interest frozen, defaulted amounts and reduced payments] owing in the IVA would you be entitled to any of the redress back.Shampoo? No thanks, I'll have real poo...0
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