Non Protocol IVA

[mike523152]

I've been reading through pages and pages of information on the PPI issue, simply trying to get to the bottom of how IP's are getting away with not issuing certificates of completion for up to two years. Whilst reading through my own paperwork I discovered that I am or should I say was, in a Non-Protocol IVA, I think I know the reason for this but how does this impact on the position of the IP to enforce IVA "protocols" on a non - protocol compliant IVA, should the original agreement be the only binding agreement and the terms contained therein.

[David Mond]

It does not matter whether you are in a protocol compliant IVA or a non protocol compliant IVA.

If the terms of your IVA captures proceeds from the mis-selling of PPI then those monies have to come into your IVA and until they do your IP is within his/her rights of not issuing completion certificates.

ClearDebt developed a method to facilitate the giving of the completion certificate by taking an assignment of any claims (such procedure given to other practitioners who have requested same from me)and I would suggest you contact your IP to see whether he/she is prepared to follow my lead.

Good luck.

Regards

David

[mike523152]

The terms of my IVA do not capture PPI, in addition I offered. albeit a reduced amount in full and final settlement in April 2012 which was accepted in May 2012 and paid.

[David Mond]

Well if such terms of your IVA are such that it does not capture PPI mis-selling proceeds then anyone in a similar position should be able to get and should insist on getting their completion certificate.

[mike523152]

Thanks David, I simply want the certificate of completion, the terms of my IVA were as follows "Assets" Items included, Property, Bank account, Windfall. "Third Party Assets" "No assets other than those owned by me are to be included in the IVA" How does this stand with them witholding the completion certificate