PPI and F&F

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Amandadon22

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Post by Amandadon22 » Fri Oct 04, 2013 11:11 pm
Had my f and f agreement from grant Thornton today, all signed and sent to all creditors. Just wondering why no mention of all the PPI they are claiming as part of the f and final agreement. Surely this recent agreement takes over from the ones previously signed. Is there any lawyers or solicitors on here who can clarify
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 05, 2013 3:30 am
The offer being made should include the potential for future PPI claims. Has the PPI investigation been carried out yet?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Foggy

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Post by Foggy » Sat Oct 05, 2013 9:35 am
GT will be intending to look at the PPI position, I am sure. They regard it as an asset of the IVA ( regardless of the actual position outlined by your IVA ).
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

nickjohn

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Post by nickjohn » Sat Oct 05, 2013 12:17 pm
Do you mean that the money coming in from your PPI claims is forming part of the F&F and that GT have not made any mention to this??
 
 

Amandadon22

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Post by Amandadon22 » Sat Oct 05, 2013 2:04 pm
Hi Mel yes investigations have been going on for months but why no mention in my full and final agreement
 
 

Foggy

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Post by Foggy » Sat Oct 05, 2013 2:32 pm
My PPI has been going on for some time and was not referred to at all in my full and final .. however, I checked with GT and they tell me that any further monies to be recovered will be in addition to the amount agreed to close my IVA, along with any windfalls I happen upon before I get my completion certificate.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Amandadon22

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Post by Amandadon22 » Sun Oct 06, 2013 11:21 am
Hi foggy, surely this should be mentioned in your formal full and final document agreement though. As this document being the most recent will out way any you have signed previously. Not totally sure how it works, but this is so with any other formal documents. I just want the creditors to get all the money, GT should no longer get a cut as the full and final has been agreed! With no mention of PPI??
 
 

Amandadon22

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Post by Amandadon22 » Sun Oct 06, 2013 11:26 am
Hi foggy! But surely this should be mentioned in your full and final agreement as new paper work outweighs other previous paper work. Well it does in other legal areas!! I just want the creditors to get the best return without other people taking cuts. Your full and final is the final document so it should say everything legal surely??
 
 

Foggy

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Post by Foggy » Sun Oct 06, 2013 12:16 pm
A lot will depend upon the wording of the F&F acceptance. Gt seem to leave this fairly "woolly" and "open" and take the stance that the F&F merely absolves you from having to make further scheduled repayments. Any PPI and windfalls between the last payment and the issue of the completion certificate are still due to the IVA.

We will never know whether this is legally correct or not unless challenged in court to provide precedent.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Amandadon22

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Post by Amandadon22 » Sun Oct 06, 2013 5:34 pm
Isn't there anyone out there who would like to challenge it,
 
 

MelanieGiles

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Post by MelanieGiles » Sun Oct 06, 2013 5:42 pm
Why not just refer it to the regulators and let them advise you whether your IP is acting appropriately or not.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Foggy

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Post by Foggy » Sun Oct 06, 2013 6:25 pm
Personally anything PPI is fair game for the IVA -- anything else ( if I happen to win the lottery ) will be "discussed".
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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