I have just received a PPI refund which would have cleared my IVA

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Kevind0188

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Post by Kevind0188 » Sun Feb 22, 2015 10:21 pm
Hi
I have just received a PPI refund from one of my creditors. The IP has decided that about 75 percent of this refund is going straight to the creditors whilst I received a cheque for the remaining 25 percent of the refund. The full amount of the refund would have cleared my IVA and I would have prefered to use the refund to clear the entire IVA completely, which still has two more years to go.
Does the IP have the right to take three quarters of the refund to repay my creditors ?
 
 

relieved33

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Post by relieved33 » Sun Feb 22, 2015 10:28 pm
Depends on your own terms. Could you not offer your 25% as settlement though anyway?
 
 

kazzafunk

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Post by kazzafunk » Sun Feb 22, 2015 11:04 pm
Do you mean clear 100% of your original debt plus fees? If so then it should be easy to arrange.

If it would clear the 'expected dividend' then the IVA would still continue. I would save the 25% if this is the case for rainy days!
Kazza

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http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

Foggy

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Post by Foggy » Mon Feb 23, 2015 8:09 am
You are fortunate in that your IP is allowing you to keep any, most take the lot. If the figures stack up you could offer the 25% as a full and final.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Adam Davies

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Post by Adam Davies » Mon Feb 23, 2015 11:10 am
Hi

You are fortunate to retain 25%, you could use this to offer a full and final lump sum to conclude your IVA, if it is close to the amount left to pay

Regards

Regards
Andam Davies
 
 

longslog101

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Post by longslog101 » Mon Feb 23, 2015 11:23 am
Does the 25% amount not count as a windfall then and as such treated as all to creditors ?
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register

IVA ended August 2015. Would recommend McCambridge Duffy
 
 

Foggy

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Post by Foggy » Mon Feb 23, 2015 12:51 pm
Hi longslog, if the IP has allowed for it to be retained from PPI ( an asset) it can be kept. However, this particular IP is a pretty rare beast, as most want it all !
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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