Dear All Please can I have a copy of the R3 Standard Conditions to Voluntary arrangements

[vesper100]

Hi Mel

thanks

She has stopped replying to my emails and my requests for answers - to my questions regarding the legal aspect of the term post IVA and ppi of which she has taken the cheques from me and I have asked for a copy of my IVA she said it would cost me money I asked how much - she has not responded -

I would have though an IP would check every IVA if they are unique to the individual - and she said that mine are in storage?

The ppi cheques were taken out of my bank account after clearing 10 days through her telling and sending in a completion certificate which was annotated by her firm regarding ppi

stating that I had a post IVA trust - of which I have not heard of or this is not within my IVA which is a all assets one.

She said the the r3 terms apply - you have just said that the r3 terms do not apply to IVA before standard protocol before 2008?

[vesper100]

@ M Giles

I can send the IP to you but not on the forum please

[vesper100]

i have a completion certificate from Jan 2010

[MelanieGiles]

Vesper - perhaps we are both getting confused, and for these reasons I try not to give specific advice on the forum - either to my own clients or those of other firms.

Your own IVA will confirm what terms and conditions it is governed under, and if in any doubt then your own IP must confirm this to you - they can send you a copy of all of the proposal documents if necessary. This should not cost you any money as it is a simple photocopying exercise - and in any case I am sure she will have an electronic copy on her system.

The point about a post-IVA trust, means that she has the right to keep the PPI money regardless of the fact that your IVA ended some time ago.

[nickjohn]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

OK - there was a time prior to the advent of the IVA Protocol in 2008, that we used our own bespoke terms and conditions in my practice as well. So if this is the case in your case, the R3 Terms and Conditions have no relevance I would have thought.

Hi Mel, its only after trawling through all the copies of copies of paperwork they thought necessary to send at the time that I have trimmed it down to the actual proposal, the creditor "enforced" variation document (I say enforced as it was basically a take it leave it situation whereby I accept the variations or take BR as my only option), and the T's & C's.

One of the problems I have found recently (prior to finding the original T's & C's) is that the advisor's on the phone have no knowledge of T's & C's other than the ones they direct you to on their web site and have no knowledge of the content of older IVA proposals.

I personally believe (until someone can enlighten me to the contrary) that IP's are taking a shotgun approach to their variations letter and sending them out to all those in an IVA without checking if their individual IVA is all assets or not.

As you have said many times each and every IVA is different and I don't think the IP's have the resources to review each one which adds furthermore to all the confusion..

Just to add to the PPI scenario further, if you are entitled to a PPI reclaim and your debt has been sold on by the original lender would:

the original lender take the amount off the original debt they held (even though its been sold on)
or
would they pass it on to the company who has bought the debt (most debts are bought for a percentage of their face value so theoretically the purchaser could be in profit through the PPI refund)
or
would they pass it on the the IP

Any comments welcome.....

[nickjohn]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

Vesper - perhaps we are both getting confused, and for these reasons I try not to give specific advice on the forum - either to my own clients or those of other firms.

Your own IVA will confirm what terms and conditions it is governed under, and if in any doubt then your own IP must confirm this to you - they can send you a copy of all of the proposal documents if necessary. This should not cost you any money as it is a simple photocopying exercise - and in any case I am sure she will have an electronic copy on her system.

The point about a post-IVA trust, means that she has the right to keep the PPI money regardless of the fact that your IVA ended some time ago.

Hi Mel,

Would the term "post-IVA trust" be written somewhere in your proposal or within the T's & C's??

[MelanieGiles]

Not necessarily nickjohn. Unless the proposal expressly breaks the trust there is an implied one which derives from a long standing legal case called "Gallagher".