Can creditors claim "windfall" after IVA has been completed ?

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steevo888

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Post by steevo888 » Sat Dec 31, 2011 9:21 pm
as per my previous comments+
get all the paperwork together on the iva completion and the ppi claim and write to the fos. you are entitled to the full money. there may be a delay with the fos as they are very busy but chase them up for progress.
IVA completed April 2011.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jan 02, 2012 11:56 pm
If the IVA has completed, then your contractual obligations under the IVA have completed and it cannot be resurrected. Therefore the money received from PPI ought to be yours, but the bank may well have a valid claim to retain some of it under their own contractual documentation - given that they are no longer bound by the terms of the IVA either.

For the relatively small sum of money involved, it is probably not worth engaging lawyers to fight the bank, but Paul's idea to refer this to the Banking Ombudsman is a good one.
Regards, Melanie Giles, Insolvency Practitioner
 
 

nadine.p

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Post by nadine.p » Tue Jan 03, 2012 8:17 am
Thanks for your replies so far. Really eased my mind knowing that others think the same as I do, and Melanie confirmed it too.

I have since spoken with Santander who have confirmed that if I send in my IVA completion certificate they will reconsider their decision. I have already drafted out my letter to the FOS if this is unsuccessful though!

I'll let you know when and if all is done and dusted!

Many thanks so far though!!

Nadine
 
 

kallis3

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Post by kallis3 » Tue Jan 03, 2012 8:25 am
Fingers crossed Nadine - hope you get the decision reversed.
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
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jan 04, 2012 7:57 pm
Make sure you let us know the outcome Nadine, as this is probably affecting a lot of people right now.
Regards, Melanie Giles, Insolvency Practitioner
 
 

steevo888

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Post by steevo888 » Wed Jan 04, 2012 11:32 pm
Fingers Crossed for you Nadine.
I have received my PPI money today for the full amount, 4 months after they said nothing due because of the IVA which completed earlier
IVA completed April 2011.
 
 

nadine.p

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Post by nadine.p » Tue Feb 14, 2012 11:09 am
RESULT!!!

I received the balance of my monies back in my bank account at the weekend without them even notifying me. I received a very apologetic letter confirming that it was a huge mistake to have let it get to this stage in the first place and that because of the inconvenience caused to me they had credited my account with the balance owed to me PLUS
 
 

nadine.p

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Post by nadine.p » Tue Feb 14, 2012 11:12 am
an additiional £50!!

Very happy.

Thanks for all your advice. Persistence is key in these matters I have found!! xx
 
 

kallis3

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Post by kallis3 » Tue Feb 14, 2012 11:12 am
Excellent news Nadine, glad it came out in your favour.
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
 
 

Adam Davies

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Post by Adam Davies » Tue Feb 14, 2012 11:15 am
Hi
Great result, well done

Regards
Andam Davies
 
 

Foggy

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Post by Foggy » Tue Feb 14, 2012 11:39 am
Great news !
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

orchid5

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Post by orchid5 » Tue Feb 14, 2012 12:19 pm
well done Nadine and congrats a little extra helps every now and then. xxx
Om shanti, namesté, good luck to all who are embarking on the IVA journey, it isn't always an easy one but the outcome is the best.

IVA COMPLETED August 2012, received Completion certificate 18.4.13.
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