Completion and PPI ?

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2e1var

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Post by 2e1var » Fri Jan 13, 2012 6:13 pm
Now I think about it PPI was definately not mis sold to me. In cases it was offered and willingly accepted, I'm not self employed nor am I affected by any of the other reasons for claiming I have heard mentioned elsewhere.

Is there a legal deadline from the point at which you make final payment to when you should receive your certificate. I have read 6 months somewhere, is this true ?

I think my main gripe is that the I was told to claim some 4 months after my final payment, many people would have received their certificates by this time !
1 year since final payment and still no completion certificate
 
 

kallis3

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Post by kallis3 » Fri Jan 13, 2012 6:16 pm
I don't think there is a legal deadline - some people wait a long time for a letter of completion.

You need to speak to the IP, tell them you were not missold and will not be claiming and need your IVA to be completed asap.
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Daveyboi

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Post by Daveyboi » Fri Jan 13, 2012 6:17 pm
Not really a deadline but most people receive it any time up to the 6 month mark as a general rule. Have you spoken direct to them for an update on when the certificate should be due?
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herbekj

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Post by herbekj » Fri Jan 13, 2012 8:22 pm
My Iva stated that it would continue for 60 months and onwards if required until I had paid 55p in the £1 and then it would cease.

I achieved 58p in £1 on my 60th payment and the IVA was closed with 2 weeks from that exactly as stated in my legally agreed court order approved IVA.

Check what your agreement clearly states with regards that timescale of closure, as this rubbish from IPs about suddenly needing to claim VAT, PPI, etc is out of order, you have a legal document that states your obligations and what they are and if you meet them , case closed and this VAT is clearly not an issue to some major IP firms to enable closure.

If your document gives the IP 3 months. 6 months then fine, but that is their limit, mine was quite simple as above , pay 55% back it closes and it did.
Last edited by herbekj on Fri Jan 13, 2012 8:33 pm, edited 1 time in total.
Last Payment - November 2011 - Completion Certificate received 2 weeks after last payment, Removed from Insolvency Register within 4 weeks after last payment.
 
 

Daveyboi

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Post by Daveyboi » Fri Jan 13, 2012 8:33 pm
Mine never stipulated a minimum amount as far as I am aware it gave an estimated expected return but i am paying back more than that anyway over 66 months due to a 6 month extension
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herbekj

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Post by herbekj » Fri Jan 13, 2012 8:38 pm
Each IVA is individual , hence part of the lovely thing about them as it reflects your specific debt issues and how you can address them, but they should all contain some statement of achievement for closure I would hope.

Mine being >55% at 60months
Last Payment - November 2011 - Completion Certificate received 2 weeks after last payment, Removed from Insolvency Register within 4 weeks after last payment.
 
 

Foggy

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Post by Foggy » Fri Jan 13, 2012 8:39 pm
Mine gives an estimated dividend, based on 60 payments. It does, however, state that the IVA will run for 66 months, excluding any agreed extensions, the last 6 being for administration.
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herbekj

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Post by herbekj » Fri Jan 13, 2012 8:50 pm
I have to say when i looked at my IVA over the years after agreeing where it was pretty blunt in that you pay for 60months and then continue until >55% is achieved and then it would close ultimately for me I decided it was blunt, too the point and I knew where I stood and if 55% was achieved at payment 60 it ended. Which is exactly what happened.

I think it is maybe newer agreements, protocal agreements that are maybe a bit more opened ended, can't say as I can only look at my agreement.

Obviously, i liked mine....
Last edited by herbekj on Fri Jan 13, 2012 8:54 pm, edited 1 time in total.
Last Payment - November 2011 - Completion Certificate received 2 weeks after last payment, Removed from Insolvency Register within 4 weeks after last payment.
 
 

Daveyboi

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Post by Daveyboi » Fri Jan 13, 2012 8:56 pm
no minimum dividend included at all on mine mind you out of £45k I have paid over 40k back so the return was quite high to start with maybe its more important for lower return iva's?
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2e1var

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Post by 2e1var » Sun Jan 15, 2012 5:27 am
My delay is due to VAT as mentioned. Had no notification or explanation prior to this, very disappointing.
1 year since final payment and still no completion certificate
 
 

Daveyboi

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Post by Daveyboi » Sun Jan 15, 2012 7:59 am
It is disappointing but at least you know it's only because they have been told that completion shouldn't be actioned prior to VAT being dealt with. Hopefully they will get this done soon for you and the completion will come through. I can imagine it is a horrible waiting period and I am praying my final payment to completion is not as long as some people on here as I have heard of some people getting it within the month which is excellent.
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kallis3

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Post by kallis3 » Sun Jan 15, 2012 8:22 am
I still find it strange that some companies are managing to complete, despite the VAT, whereas others aren't.
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Daveyboi

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Post by Daveyboi » Sun Jan 15, 2012 8:44 am
Well I would have thought only the self employed HMRC included IVA's would be affected by the VAT change. Have you heard of people within those IVA's still completing without having to wait for the claim to go through Jan?
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kallis3

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Post by kallis3 » Sun Jan 15, 2012 8:49 am
Mel's company is still closing cases. No idea of the circumstances behind any of them.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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2e1var

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Post by 2e1var » Sun Jan 15, 2012 8:57 am
Bit more digging reveals that VAT is only on the IP's charges. Advice to the IP's is to keep cases open but it is entirely at the discretion of the IP and they can review on a case by case basis
from http://www.icaew.com/technical/insolven ... g/iva.ashx

The obligation to make a claim is not automatic or absolute. The
supervisor, in his/her capacity as such, is entitled to exercise his/her
commercial judgement as to whether the steps to be taken are in the
interests of the general body of creditors and, ordinarily, the court will not
interfere with a supervisor’s decision made in the day-to-day administration
of the arrangement unless such decision is fraudulent or in bad faith or one
which no reasonable supervisor in the circumstances would have made.
Such a decision must be made on a case-by-case basis taking into account
the potential benefit for creditors versus the allowable costs involved in
making the claim, both in respect of the potential legal costs of doing so as
well as the time chargeable by the supervisor. In open cases he/she has an
absolute entitlement to charge remuneration in accordance with the terms of
the IVA. Consequently, it is unlikely that a court would regard as perverse a
decision by a supervisor not to seek to reclaim the mistakenly paid VAT if
the costs of doing so, and administering the recovered sum, would exceed
the sum recovered, or result in little benefit to the creditors


8) Postponing the termination of open cases
Where possible cases which would otherwise be due for closure should be
kept open where a claim has been or is to be made either by exercising the
discretion usually included in a proposal or by seeking a variation. This is
because a supervisor is likely to have more extensive powers in an open
case and could therefore deal with the issue more easily. As this appears
to be a proper exercise of the supervisor’s powers criticism would be
unjustified.
1 year since final payment and still no completion certificate
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