just got this from creditfix,, please read and give me your expert opinions,, is it to good to be true ?
thankyou for your time.
having reviewed your file it is with great pleasure that I am able to inform you that you have complied with the obligations due under your iva. However, there is one further admin matter that I must comply with in order that I may provide you with a certificate of discharge. by now you will no doubt be aware that redress for ppi mis-sold to you prior the approval of your iva is an asset of the iva and must be realised for the benefit of creditors. ordinarily , an iva would remain open until all ppi is realised. however, this presents an unfair burden to you, since you would not be discharged from the iva until that time, dispite complying with its terms. recent guidance from the supreme court in green v Wright (2015) suggests that a solution for this predicament is your agreement that not withstanding the issue of completion certificate to you the proceeds of any ppi claim should still be paid to me as an asset of the iva for distribution to you creditors. This would enable the claims (if any) to be preserved until your creditors receive 100p/£ on the debts bound by the arrangement.
without an agreement on these terms, I am unable to provide you with your certificate of discharge, since to do so, would inevitably mean any ppi assets are lost to the estate, and accordingly, I would have not fulfilled my duties.
Consequently, in order to receive you certificate of discharge now ( rather than once it is confirmed beyond doubt that all ppi redress as been accounted for), you must complete and return this letter in enclosed ASE.
Would be glad of any advice,, its the 100p/£ bit concerns me.
Thankyou for reading
Kind Regards, MP
IVA accepted 1st October 2009
