This will blow your mind!

[gaz2613]

Okay, I am new to the forum, hi everyone!

Now, where to begin! I commenced my IVA back in August 2006 with Blair Endersby who were a brilliant company to deal with. Right at the end of my 5 year term when I had made my final payment they were took over by the bunch of clowns known only as Grant Thornton.

It all went down hill from there, I was sent a letter forcing me to agree to some mass variation even though I had stopped making payments and I argued this on the phone to which they replied if you don't agree to it then it will delay your completion!

So what choice did I have? I argued with them for months and they were going on about PPI.

To cut a long story short, I went down their complaints route and sent a very threatening email about how its impacted my life as by this point it had been nearly 2 years since my final payment and still no Completion Certificate had been received from them so I said I would go to the media and the IPS if I didnt get closure soon as I wanted to get on with my life.

I told them to put themselves in my shoes, how would they feel. I have fulfilled all of my obligations and done everything that was asked!

Low and behold a couple of weeks later I get my Completion Certificate. I was overjoyed! I left it a few weeks and then checked my credit file and the Insolvency Register to discover I had now been removed from both meaning I was fully discharged from my debts!

What about the PPI you may ask? Well here is the thing, Grant Thornton keep asking me to sign some form in a spotty envelope to claw back any PPI and argued that my case was still open! HA HA! I said no it is not as I have my completion certificate and I have been removed from the Insolvency Register! They sent the form out to me again anyway but I threw it straight in the bin and washed my hands of the matter!

I then went on to claim PPI myself from one of my creditors sucessfully for which the cheque I received on christmas eve which made me a very happy bunny!

Anyone else been fully discharged from an IVA before signing the PPI consent form in the spotty envelope?

My guess is that Grant Thornton cocked up and its gone in my favour! I am having the last laugh now! Money grubbing sods!

[ivamess]

Nice one.

[Foggy]

Hmmmm ... half a dozen of one and six of the other here.

Technically, although you have the completion certificate the courts have, in the past, ruled that an arrangement creates a continuing trust under which the IP can act after the IVA has ended. It is under this trust that GT can still pursue PPI.

However, there is enough doubt surrounding this to make GT and others want PPI formally signed over ( Spotty letters, Deeds of assignment, etc).

If GT are so minded they could, possibly, take you to court for the PPI to be paid into the IVA. However, this will depend upon their certainty of a win ... to lose would open one enormous can of worms.

So, they haven't cocked up, but might not think it worthwhile pursuing.

[kazzafunk]

Sticky situation - I think I would put the money away for a bit and wait!!!

There have been people on the forum who have been chased for the PPI money when it was paid back to them direct. Not too sure which way the law would come down on in this instance, as in reality it is still an asset that was available during the life of the IVA.

[Shining]

Sounds like there is uncertainty all around I would bank it and sit on it to prevent any surprises happening late on

[luluj]

I agree with others ... not sure entitlement to the PPI is yours and would suggest you invest it for now. GT have not done anything different to alot of firms in that claiming the PPI back after the closure - I personally would also be wary of 'slagging' off the IVA firm on a public forum as your case could be easily identified by GT and could open up further actions ..... you may feel that you have won but GT could have the last laugh

[lukeofyorkshire]

I second luluj's view on this.

[lifenoteasy]

See http://www.iva.co.uk/forum/topic.asp?wh ... 720#579202 re PPI - if it wasnt included in the IVA and the CC has been issued there is now nothing that GT can do.

[thisusernameistaken]

As per my comments in the Other Thread, I think that it should be the responsibility of the IP to query/check for PPI during the term of the IVA.

That gives them a minimum of FIVE years to do so.

I would then say that after the IVA once you have been discharged and are in receipt of the CC then you should have no further obligation to pay any more into the IVA.

Remember, it's in the interests of the IP to have you pay it as it's an easy (and often sizeable) win for them.

I have no issue with PPI being brought into my IVA during its term but after I'm done and dusted? No - tough titties.

I'm also starting to think that only PPI that relates to the debt within the IVA should be brought into it. PPI for debt from non-IVA debts (which may well be long since settled) should go to the individual. As should the interest.

Let's not forget one thing - I'm certain there are many in IVAs who wouldn't even be in one if they hadn't been ****ed over by the creditors with illegal PPI charges!

[lifenoteasy]

I'm the same as thisusernameistaken - they have had 5 years to sort this out.

The point of an IVA is that there is a start, a middle and an END only it seems that some companies and their staff don't seem to get that last point.

I'm not interested in the money side from the PPI and the reality is that a lot of IVA companies actually feed the whole PPI chasing industry with things like this the result https://ico.org.uk/about-the-ico/news-a ... nce-calls/.

Acknowledged links between Swift (who have introduction charges) and IVA companies also does not help.

[Foggy]

To look at the other side of the coin briefly: PPI is currently only a problem for those of us who have completed. Those whose arrangements started 5 or 6 years ago. Back then PPI wasn't an issue, so the IP's would not have started the investigations early in the IVA term, as they (should) do now.

When this hit the fan, however, the Insolvency Industry should have got its behind into gear and came up with a definitive solution --- but it didn't.

English law takes time and precedent to sort this stuff out and the recent case is the first to start that ball rolling.

It will be specifically dealt with in future arrangements -- it's just us "inbetweenies" suffering from fall out at the moment.

[thisusernameistaken]

I think the other thing that complicates is that, as you found Foggy, you weren't even aware you'd been conned into PPI. I think dishonesty on the part of the lenders shouldn't result in them being forced to give it back only to then be able to claim it back again into the IVA.

Those who deceitfully took money from debtors shouldn't be allowed to have it back to pad their finances. Where is the punishment in that? That's why I think creditors who owe PPI shouldn't be allowed to take it back off you. The distinction must be made between PPI owed by creditors in the IVA and previous lenders whose debts are long since satisfied.

[ashb]

My only advice is just because you had a IVA and paid back less than the original sum morally it is not right to keep any extra monies. You used the original money so it should be paid back, hiding behind administrive errors and grey areas doesn't remove your obligation

Sorry if this sounds hard but like I say, you borrowed it so pay it back- simples! I just received 7 k last Friday, I paid it straight in and felt very good that I am resolving the original loan