IVA ended September 2015 but not had certificates because of PPI challenge

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Iand018

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Post by Iand018 » Fri May 13, 2016 10:00 pm
My wife and I were in an IVA which ended last September, but we have not had our certificates yet as the company is challenging one of our creditors over PPI refund. Will this mean that any PPI we find we can claim now would also be subject to a claim from our IVA company?
 
 

kallis3

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Post by kallis3 » Sat May 14, 2016 12:02 am
Hi and welcome,

Any PPI will be payable to the IVA unfortunately.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

stringyAcid

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Post by stringyAcid » Sat May 14, 2016 8:53 am
If the current court case regarding ppi and when the trust of the arrangement effectively ends goes in favour the debtors case then you will see some companies withholding completion certificates until all ppi has been investigated and realised or you sign over the ongoing interest in all ppi refunds via a deed of assignment. I did the latter.
 
 

lifenoteasy

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Post by lifenoteasy » Sat May 14, 2016 9:46 am
The Insolvency Service has stated that by itself PPI is not enough of a reason to delay issuing a CC.

Also, the answer is as Stringyacid says - sign a DoA.

I'm beginning to think that companies are deliberately delaying certificates because while they are delayed customers are still bound by some of the other terms such as windfall etc.

In a (apparently) regulated environment delays like this should work against companies.
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.
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon May 16, 2016 9:57 am
They should be able to issue an assignment document to enable the case to be closed. In any event if they are awaiting the outcome of the Wright v Greene outcome I believe its being heard this week.
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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