Hi we completed our IVA with a full and final settlement last year at the end of August and have received our completion certificate. I had a loan with the Royal Bank of Scotland that I did not have PPI on that was included in the IVA however I have been contacted by a company and have confirmed with the RBS that I did have it previous loans that were not in the IVA ( however the loan was increased over time). They have said that I could be due a refund of approx £3000 but have asked for details of IVA and copies of the completion certificate. Are we okay to apply for the refund and due to the IVA now being complete would we be able to keep the cash or would we have to pay it to the IVA company?
Hi Softie- congratulations on completing. Different IPs are dealing with PPI differently (surprise!). Some will capture PPI even after the case has been formally closed down, others do not want to know.
Were you contacted out of the blue by this company, and how did they get the details of your creditors to make enquiries ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Hmmm. Tricky one softie. Did your IVA company exhaust PPI investigations and did this RBS one slip through the net?
I believe, as I would do, if your IP has absolved themselves of your account and it is now closed, which it must be, because of your CC - then I see no reason why you cannot claim any historical insurance, from pre IVA cleared loans, yourself and keep the proceeds. (Although some IPs are different) Do not use a claims company. PPI claiming is a very simple procedure you could easily handle yourself.
Good luck
Completed IVA - August 2012 pheeeeeeeeeew
Only my opinion - Nothing More Nothing Less
A PPi company rang initially so I called the RBS but they said if we put the claim through then we would have to produce details of who did the IVA for us and the completion statement so I was just wanting to know if this was ok to claim and if I had to pay the money over even though we have the certificate.
softie, How did the company who contacted you get permission to talk to RBS and find out if you had previous PPI on loans? Without written and signed documents RBS would not entertain them, was this just a cold call without knowing any details about your financial situation and then just blow smoke about RBS after you mentioned it to them over the phone. Personally I would be inclined to let it slide, I asume RBS were a creditor in your IVA and wrote off a propotion of what was owed to them?
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
They cold called and I contacted the RBS who said we had had PPI but would have to fill in forms to put a claim in. I just wondered if we could claim it if we could prove it was missold
Uptomyneckinit -- it might not be in Softies gift to keep it -- there is a good chance that RBS will either offset or pay it direct to the IP. It's a gamble.
If Softie uses a claims company and RBS offset then it will be down to Softie to pay the £100 fee to the claims company !!! Could catch a serious cold here !
Likewise, as in recent cases, if the claims company is used and RBS pay direct to the IP -- although the fee should come out of the payout, some people have had one hell of a time getting money back and still been landed with a bill for the fees.
If softie is going to claim it, then it is best done, as TA suggests and the claim is handled personally.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Whether they "can" (legally or morally) they have been known to -- I think (and again, this has dropped into the dark corners of my mind, so could be wrong) HSBC (that IVA loving bank) routinely offset (or set off )
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
The right to set off PPI on a previous debt hasn't been challenged in a court of Law and I think it will need to be a brave and rich person to challenge this.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
Is there anywhere in my IVA paperwork that would tell me if I had would have to pay it across after completion? What do IP's usually opt for in these situations does anyone know?
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