We were clients of PJG and then transferred to Credit fix before completing our iva in Feb. With PJG there it was understood that if we received any ppi money, they would require 50%. With CF we never signed the new terms and conditions (for authorisation for them to claim and then split with us) and so we wondered where we stand with it as on the final credit report it states they have paid a company to analyse and audit our file with a view to claiming back ppi?
I gather the 50% PPI issue was an "understanding" and no documentation was signed to that effect, as such it is unenforcable and the understanding no longer stands.
As things currently stand the PPI is still payable, in full, into the IVA if you have not yet had your completion certificate.
If you have had the certificate things are more in limbo as we are all awaiting the outcome of leave to appeal ( and then, of course the appeal ruling) regarding PPI post completion.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
The IP has sought permission to appeal (again) and I do not know whether or not they have been given leave to appeal yet. If they get refused the court ruling will set a precedent as it will if the appeal and lose. Providing you have signed nothing to pass over the rights to PPI to the IP then any claim after formal completion will be able to be kept by the debtor.
This is why some companies are in a rush to get assignments of PPI in cases where they have already issued the certificate. My feeling ( which could be wrong) is that they are hoping past clients who do not know of the court proceedings will sign in ignorance.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
If PPI has ever been referenced or you have acknowledged in any form that the IP should receive it then you should probably work on the basis that it goes into the IVA.
As for the company that is investigating this - one big legal fudge designed to stop CF having to deal with yet another ombudsman.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
