Is it correct that PPI claimed even after after CC received goes to IVA ?

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Lee.ld

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Post by Lee.ld » Thu Sep 22, 2016 7:45 pm
Hi I completed my IVA about 18 months ago.
My IVA was extended by a few months to give time to reclaim any PPI i during that time i was awarded about 5000.00 pounds from Natwest but no others came forward.
The 3 months ended and i received my certificate.I then resumed trying to claim back PPI from other creditors and was awarded another 5000.00 pounds from Barclays i spoke to my IVA people to make sure that barclays have no claim on it though they was one of my creditors on my IVA i then chase Capital One they also found in my favour but they refused to give me the money saying it was going into my IVA even though my IVA finished over a year ago and i have the certicate is this correct.
 
 

Foggy

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Post by Foggy » Thu Sep 22, 2016 7:51 pm
As things stand at the moment PPI is an asset of the IVA -- it was there, albeit unadmitted, during the IVA and is therefore due to the IVA.

There is a court case, currently under appeal, where they are trying to get a ruling that PPI claimed after the completion certificate is issued can be kept. They are expecting the result to be announced in November ( although this has been put back already).
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kallis3

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Post by kallis3 » Thu Sep 22, 2016 7:58 pm
Wouldn't surprise me if it didn't get put back again!
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Michael Peoples

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Post by Michael Peoples » Fri Sep 23, 2016 9:05 am
It sounds like you received the £5,000 from Barclays which is a bonus in itself. If this is the case your IP may have no interest in your PPI and will send the cheque back to you. Seems strange but depends who the IP is.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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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 » Fri Sep 23, 2016 9:19 am
There seem to be a couple of IP's / firms who do lose interest in PPI post completion. They could,in the future, find themselves on thin ice with the creditors.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Lisa Thomas

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Post by Lisa Thomas » Fri Sep 23, 2016 1:03 pm
It also depends whether you signed an assignment document at the time your IVA closed. If not then whether or not you are entitled to these funds will depend on the outcome of the Wright v Greene Appeal case in Court.
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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