Firstplus PPI Refund IVA Problem!

[Theresa1]

Evening everyone, below is a post I have copied over from Sept 2012 where I was starting my battle with Firstplus for my refunded PPI following for issue of om Cert of Completion in 2010:


Well it has been nearly 3 years since I last posted here and I am hoping to find some wholesome advice on my issue.

I recently was advised to reclaim my PPI on certain loans/mortgage I had back in 2003. At this time I was not in an IVA nor had any idea I would end up in one. So the PPI was taken out on 23/10/2003 via FirstPlus.

We entered an IVA on 16/02/2006 which included FirstPlus as a debtor.

We settled our IVA early on 26/02/2010 and received a completion certificate on 06/03/2010.

So that's the background to my issue, know after fully looking into the PPI reclaim procedure, I was led to believe that right to reclaim PPI was based on the time the product was sold.. i.e. 23/10/2003. and NOT the time/date when the agreement or PPI Offer is made.

SO my question is, why does my PPI from PRE IVA status have any reflection upon my POST IVA status?

I know that this is a huge GREY area in the IVA/IP world at the moment. But does this mean that should I be so lucky to win a small Lottery amount, that this too would have to be included in an settled and completed IVA?

I feel that after finally getting through the nightmare of debt, IVA's and numerous health issues that this has once again had to be re-opened and the old wounds flared up.

So my loves any advice, insight or thoughts on where I go from here would be lovingly received.

Thank you all,
- See more at: http://www.iva.co.uk/forum/topic.asp?TO ... mTWjc.dpuf

[Theresa1]

Sorry, Hit return before finishing post!!!

So I was in the process of taking Firstplus to the Ombudsman as they were refusing to pay out my PPI to me as I was previously under an IVA till 2010.

But I came across a really interesting Court Case from Last May 2015 in the Manchester HIgh Court where an Completed IVA Claimant won their case to have their PPI refunded to them as the Certificate of Completion had been issued to them and and all Liability to the debt was written off.

Thought this would be of interest to our forum also has anyone else had any success or know of existing court case involving Firstplus..

I am considering seriously taking them to court for our settlement in light of the above case.

Thoughts and words on subject as always much appreciated.


Hugs

Tess

[Lisa Thomas]

Hi Theresa.

Think of it this way, when you first entered your IVA you were due a PPI Refund (although you didn't know it at the time).

So it was an asset of your estate and therefore any rights in relation to it have to be dealt with as part of your IVA.

IN any event you owe creditors money and it is only fair that if you are due money from a PPI you pay it into the IVA to mitigate the debts and costs.

And yes that also applies to windfalls such as an inheritance or winning the lottery. If great aunt Ethel dies and leaves you her mansion during your IVA then it will form part of your IVA estate.

[lifenoteasy]

Part of her issue is that the iva company has stated they have no interest in the ppi claim.

First plus has retained the money on the basis that she still owes then money despite successfully completing her iva and where they were one of the creditors.