The PPI I have successfully claimed was not part of my IVA but is being paid to them.

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Ricardo

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Post by Ricardo » Tue Oct 21, 2014 11:31 am
Hi
I am at my wits end as I received my certificate of completion in Feb of this year. I had to agree to modifications proposed to my creditors on Jan 24th because I had outstanding PPI claims still waiting to be finalised. In my variation report no 3 on the list it says:- The debtor agrees to sign a Deed of Assignment and account to the Supervisor the Full proceeds of any PPI compensation funds from all claims instigated prior to closure of the Arrangement and paid directly to them. Such funds will be paid over to the supervisor without delay and in full.....and then in no 4 it says:- For the avoidance of doubt, after filing in the final report the supervisor will retain all powers under the arrangement sufficient to deal with any Pending miss-sold PPI claim......Key words are instigated before closure and pending....I have been successful in claiming back mortgage PPI but my mortgage company have stated that they have seen that I used to be in an iva and have contacted them and were told that any money should be paid directly to them. My mortgage company was not part of my IVA so how can they mug me of this money when my variation for my agreement to end clearly states that it is only PPI claims that were instigated before closure and still pending. I have spoken to them and even though I felt I won my argument with them they still say that that's just the way it works. I have been through all paper work and don't see how they can get away with it.....but what can I do? sorry its so long winded but wanted to give a clear picture. Thx.
 
 

Michael Peoples

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Post by Michael Peoples » Tue Oct 21, 2014 11:43 am
You really need to resolve this with your own IP and if in doubt you could try and get legal advice. It depends on a number of factors and it would be impossible to advise correctly.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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