Cliffman, I have picked up your email and will reply within the next 24 hours.
Alimay (and others), to be honest I don't visit this forum very often at all due to other pressures on my time but as a business any posts in which our company is named are brought to my attention and I will reply if necessary. Usually I will try to do that directly with our client if I can identify them. I will therefore look at your case and write or email directly but as a general principle, and despite what Jamie.73 has said in this thread, offsetting of PPI compensation is a huge problem within IVAs with the majority of creditors now seeking to apply it. It is nothing to do with CMCs being used by IPs. We use a panel of legal firms who specialise in this work and we resist offset as far as we possibly can but the majority of banks (with the exception of Lloyds) claim to have legal advice to the effect that offset is allowed. A number of us IPs have obtained our own legal advice and unfortunately we have received conflicting or in some cases ambiguous advice. The whole area of set-off is complex. A legal challenge through the Courts is unlikely but there was a meeting of the larger IVA providers held recently at which other tactics were discussed to try to resolve the issue with banks. What I can say wirh certainty is that our clients will never be expected to fund any costs where set-off is applied by a creditor.
