IVA taking PPI

[Beadley]

Hope you can help? My IVA firm (DFD) are refusing to send me a letter confirming my IVA is complete apart from the issue with the VAT. This is due to be completed and a completion certificate issued (which is now overdue).
I spoke to the bank who have seen on the system that I have a current IVA and they where going to send the cheques to the PPI company. After speaking to the bank, they are not sending the cheques out as I have told them the PPI is complete and all agreed apart from the payment of VAT.
The IVA company now want me to confirm in writing to them that I am not making a PPI claim before they send out a conduct letter stating I have fulfilled my obligations to the IVA.

Can they do this? Surely they should be able to send me a letter confirming the position.

Can I see my entire file? Surely I can because of data protection etc.?

[Shining]

Hi and welcome to the forum. If you search the forum there are so many ppi issues and as the ppi is potentially seen as an asset it is payable into the IVA. When did you complete your IVA? Did you pay all of your debt 100%? We find that ppi is holding up completion certificates being sent out. A complex area it is turning into in my opinion. x

[Beadley]

Hi, my last payment was in March this year. When I spoke to Debt Free Direct at the end of last week, the girl told me that it was complete and the only thing that could now be changed was the amount due to VAT and nothing else as this was discussed and agreed by the court. So surely, no other if this was the case, then no other inputs from myself are either required or possible or this would break this agreement?

[Niobe]

Unfortunately, until you get the completion letter then any money due to you from a windfall or PPI claim will have to be paid across to your IVA.

Did you manage to pay across 100p in the pound plus fees?

[MelanieGiles]

You are entitled to see your file if you want to, but I am not too sure why you would feel that this would be necessary.

There should be no monies due to HMRC for VAT - if anything there should be monies coming back into the IVA account from the recovery of overpaid VAT - assuming that this has not already been effected.

Have you claimed PPI successfully, and are the bank requiring confirmation of where and who to send the money to>

[Beadley]

Hi Melanie
Sorry, that is what I meant with the VAT. The lady (and I should have noted her name) said that there could be more money going to the pot from this refund and nothing else.
The bank have agreed a settlement and yes, they are wanting to know where to end it. However, my income is no longer being monitored so why should I need to put anymore in the pot? I have also just had a pay rise and I didn't have to inform them of that. If they hang on for another year, am I going to have to send them inheritance? (sorry, sounding bitter now). I'm just very frustrated that these were not part of the agreement and that it would be 60 payments based on income and expenditure, not all forms of income over a 6 year period!

[Donkeysass]

You are right Beadley
I finished mine and waiting for my certificate could be months away
I think you sign up to pay a set amount and thats fair to everybody and is agreed legally
what I dont think is fair regardless of windfalls etc is that you get the PPI being paid out or not and then you are hanging on and being put under further constraints and worrying and its not your fault
If you ask for a payment break or a lesser payment you get an immediate response saying no you cant or you have to do this and then wait etc But when you complate as you set out to do and then are told oh well its going to be another 6 months never mind its just not right or fair

At the end of the IVA regardless of what has happened you should get taht certificate in your paws within 10 working days
they have had 5 years to prepare they know you are paying a set amount and how much is going to be there at the end
Even with pay increases that can be added on at the end its not rocket science If you pay in £20 000 for 5 years get a pay rise for the last year they just add that in

The IVA agreement is you paying them and thats you have done what happens after is down to them to deal with
PPI should not come into it or windfalls
If you get lucky and win something then you can choose to pay it or not

Basically I look at it as I was in a mess they let me pay a whole lot less back and I am glad its all over draw a line here and now and move on

All legal things take time and you are dealing with a large amount of admin and office workers
I actaully went to an IVA firm and saw what they do in there call centres a huge room with pcs and people wandering around with headsets and clip boards and a lot of yonng people You would imagine a few highly trained older types and stacks of legal books piled up with a grandfather clock in the background

So remember to factor that in when you are waiting for a response things go missing information is not always passed on emails are deleted papers go walkabout people go on holiday etc so with xmas on the horizon I give up for this year

[Beadley]

Cheers Donkeyass
One of the other disapointing things is that the IVA was for my folded business and not for personal debt. The PPI was for personal loans that were paid off before I even started the business. I didn't make a PPI claim until the IVA was paid up. That even took 10 weeks longer than it was supposed to yet the IVA still isn't complete! Everything seems to be weighed against us!

[MelanieGiles]

If the PPI monies were deemed to be an asset of your IVA, then your case has to remain open until these are received under current guidance. You do need your IP to verify the position regarding assets - as not all PPI claims are assets of the estate, and if they are not then they will be your monies to retain.

[Beadley]

Thanks Melanie
Will this be in the initial agreement? Will DFD be able to honestly advise me a to whether this is in the agreement or not?

[MelanieGiles]

It will definately be in the initial agreement, and easily identifiable under the assets section. The proposals do not need to be specific on PPI, but it is sufficient if they refer to "all assets" as opposed to those specifically mentioned. You can rest assured that if you ask DFD you will get an honest and truthful answer, but if in any doubt get them to quote the relevant sections to you chapter and verse.

[Beadley]

I have spoken to them again today as they are not repling to emails! They have now sent me statement to sign saying that "I confirm that it is not my intention to submit a claim for misselling of PPI to the lender either during or after the conclusion of my IVA".
They have now said that they have not set a date for the completion of my IVA even though last week they said it was scheduled for the next session in November. And they have now said that they will not send a letter stating the current status of my claim and they will not complete my claim at all until i return this statement signed!!! I don't remember reading that I had to declare this in my original contract (which was another company bt the way!)

Does anyone know a specialist solicitor in this area?

[Struzzo39]

Hope you get all this sorted soon

[MelanieGiles]

I can recommend a very good solicitor Beadley, if youy want to email me directly I can send you the details.

[Beadley]

Hi All
I eventually got through to DFD via my IVA joint supervisor whom they had changed twice without letting me know (breach of the Insolvency Act and my agreement).
I have consulted my companies solicitor and after much going back and forth I have finally got them to hurry my completion through. The key to this was the fact that in my agreement it stated that my IVA would last for 60 montly payments and after those where completed it would take DFD no longer than 6 months to issue a certificate of completion (VAT or no VAT!) which has long gone, therefore any windfalls after that period would no longer be applicable.
As if DFD took 3 years to complete (just a figure plucked out of thin air!) they could take any extra monies that I may come into. These fall outside of that.
Hope that may help someone!?
To conclude, don't use Debt Free Direct or any other member of their group! They are not there for you or your debtors, just to make as much money as possible.