As I have the certificate of discharge, am I entitled to any of the PPI repayment ?

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Tor.v

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Post by Tor.v » Tue Oct 18, 2016 3:14 pm
I had an IVA that was fully completed and I received a certificate of discharge in November 2013 and towards the end of the IVA my IP instructed a solicitors firm to chase up an mis-sold PPI on the original debts. This has been ongoing and one claim has been found in my favour to which I am owed a sum of money back however the letter from the lender states that they have been informed that there is a post-IVA trust in place.

As the IVA has been settled and I have a certificate of discharge am I entitled to any of the PPI repayment?
 
 

kallis3

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Post by kallis3 » Tue Oct 18, 2016 3:47 pm
Hi and welcome.

I believe this is payable to your creditors, especially as it started before your IVA completed.
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
 
 

Foggy

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Post by Foggy » Tue Oct 18, 2016 4:00 pm
As things stand at the moment, probably not and all the PPI belongs to your creditors. However, there is a case going on at the moment (Green v. Wright) where they are saying that PPI (having not been assigned to the IVA) discovered after the issue of the completion certificate belongs to the debtor (you). We are hoping to hear the outcome of this case on 15th November ( although it has been postponed before and might be again).

If you have not assigned rights to PPI to your IP or the completion certificate wasn't issued with a condition regarding PPI it might be best to hang fire until the appeal case decision is announced, to see how the ground lays then.
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 » Tue Oct 18, 2016 5:01 pm
If no agreement was made about this wbefore your IVA was closed then it will depend on the outcome of the Green V Wright appeal case
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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