I was going to post the same opening sentence as Andy, I believe if a completion certificate was to be issued to allow us to get on with our debt free lives and all the PPI stuff happened in the background, we could sign something to say we would adhere to the claiming of PPI etc., That way everybody would be happy.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
We should have the same system as they have in Scotland. The debtor gets discharged from the Trust Deed when they have complied with all they have to, and the insolvency register is updated. The Trust Deed then continues for as long as the IP needs it to - to collect in assets or deal with other administration.
I have adopted something similar in my practice, the only thing differing is that we are unable to update the insolvency register.
We sent ours back in july 2012 and are still no nearer!! In fact EIF contacted us last night in regards to one of them not even in the iva . RBS has took that long to reply we have to repeatedly re- fill out forms as the have expired When will it end!!
I have just spoken to an adjudicator from the FOS regarding a PPI complaint that they are investigating on my behalf. They told me that currently any new claims received by the FOS for PPI will not even get looked at for at least 18 months such is the back log of claims with the FOS at the moment. It could then be a further 12 to 18 months for the investigations to complete so worse case it could take another 3 years after an IVA has completed for PPI investigations to end. This could mean people who have struggled for 5 or 6 years will have to wait another 3 years to get a Completion Certificate. This can't be allowed to continue.
When we where contacted by EIC I was adamant that we had explored all avenues, We had in actual fact reclaimed PPI from Barclays 5 years ago - 3 years prior to entering into our IVA.
I explained this to them and they said they would make a note of it. We also hadn't taken PPI on any other accounts due to hubby being self employed. As you have all said similar, we too were pestered to sign the forms etc...
After being in our IVA for 2 years we started to struggle due to a change of circumstances, I was in the process of sorting our situation out with our firm by means of some kind of variation?
Purely totally by coincidence the following day we did in fact receive a cheque from Barclays for the initial PPI complaint and the refinance of an existing loan with them this totalled £13,600!!! Then also additional to this £4k from two separate companies. This proved to be a game changer for us, we were able to offer a Full & Final offer with these funds and payments made to date. It was excepted!! We are now awaiting our Certificate of Completion 4 years early.
So although you may not think you have anything to claim you may be pleasantly surprised.
**23'04'14 - IVA Complete F&F Agreed with payments made to date oh and a fat PPI reclaim helped too. Completion Certificate received 23'10'14 ** After a couple of years of waking up and 'surviving' the day I now wake up and 'Live' for the day!!
**Any comments I make are purely my own opinions**
My own view is that once all claims have been submitted to FOS, that the IP can cease to act so long as the IVA carries the benefit of a continuing trust - and it can be varied to do so if this is in any doubt. No-one should be made to suffer as a result of the appalling attitude of some British banks, in offloading unwanted products to their loyal customer base.
I will certainly be seeking to do this within my own portfolio.
