What are my options for appealing against PPI refund going to IVA ?

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John.nd

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Post by John.nd » Sat Sep 26, 2015 8:00 am
Hi, I completed my IVA in December 2012. I only got my completion certificate from DFD in March 2014 after much faffing with PPI claims. Last month i received a letter from a credit-card company that i had an account with several years ago saying that my PPI claim was no being upheld. After several hours of more faffing between DFD & the CC company today, i have been advised that this refund still needs to go towards my IVA due to a signed 'Deed of Assignment'. What are my options with regards to appealing against this? Considering it's nearly three years since completing?
 
 

relieved33

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Post by relieved33 » Sat Sep 26, 2015 8:33 am
I signed a deed of assignment and cannot recall there being a date on it when it would end. My understanding is that they last forever. Did you sign the Deed?
 
 

lifenoteasy

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Post by lifenoteasy » Sat Sep 26, 2015 9:21 am
If a deed of assignment was signed there are no options - it goes to the iva.
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.
 
 

Michael Peoples

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Post by Michael Peoples » Sat Sep 26, 2015 11:52 am
I do not think you have any chance of getting this money as it is an asset of the IVA. However you could seek legal advice if you want to pursue this.
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
 
 

Foggy

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Post by Foggy » Sat Sep 26, 2015 12:04 pm
The deed of assignment acts in perpetuity. You have signed over all rights to PPI refunds, end of story.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Laura.Harrop

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Post by Laura.Harrop » Mon Sep 28, 2015 6:44 pm
Dear John.nd,
If your query has yet to be resolved, please contact me directly via the email address in my profile. This will allow me to discuss your issue in further depth.

Regards,
DFD Forum Expert
Debt Free Direct
 
 

Lisa Thomas

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Post by Lisa Thomas » Tue Sep 29, 2015 11:22 am
Hi John - I'm afraid that was the whole point of the assignment and expect the PPI falls under it. Even if it does specifically catch that PPI refund the Case Law surrounding this issue is still going through the appeals Court so until that is dealt with you may still find that this is an asset of the IVA despite having your CC.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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