Hi Longslog ....
A Deed of Assignment usually vests the interest in the object being assigned ( in this case PPI) in perpetuity and is separate from the IVA terms and conditions. It will stand alone and survive the outcome of the current court case. It also survives the cessation, by whatever means, of the IVA.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Protocol T&C's are also only guidance/a set of expectations based on case law - that is why certain companies feel they can rewrite them as they go along but still expect the person in the IVA to abide by what the IP has said.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
I'm really happy I have my cc from payplan, I was chasing this up every week mind. I don't think it's right for the people now on hold. There is no reason why they cant complete them irrespective of the court case.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by paulaj8824
I'm really happy I have my cc from payplan, I was chasing this up every week mind. I don't think it's right for the people now on hold. There is no reason why they cant complete them irrespective of the court case.
On the back of the OPs' email from Payplan, I emailed my CO and got a very similar email to the other posters but it did say all CC are on hold until after the court case.
I had asked how this case specifically affected my arrangement.
I got no answer.
I also raised the point that about 3 years ago at the beginning of the PPI/IVA issue I signed and my creditors agreed a variation whereby after I had completed my payment schedule and complied with all other terms of my arrangement then it could be closed in the usual manner and timescale whilst the supervisor still had the right to capture any ongoing or future PPI claims for the benefit of my creditors.
I asked what was the point of this variation if now issuing a CC is going to be delayed by a case that the variation should be negating.
As far as I can see the ruling of the Green v Wright appeal says that there are no obligations on the debtor after the issue of the completion certificate unless the cc specifically says so. Therefore, regardless of what agreements etc. that were signed before or during an IVA, if the cc does not mention PPI then any payments made after the cc has been issued must go to the ex-debtor.
If IP's want to chase post completion PPI they must simply put it into the completion paperwork. So how this would stop a company issuing CC's I really don't know.
I disagree Sterling. The Deed of Assignment is a stand alone agreement, not inter-dependent on the IVA arrangement, giving the IP sole rights to any outstanding PPI.
However, I do agree with your second paragraph in that the CC can be used to deal with the issue.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
This really is a non issue with some very simple answers based on precedent.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
Hello to all, wow, this has caused a real discussion hasnt it. However i have had an update following much email/phone communication with PAYPLAN. I basically advised them that i had complied with the terms of the IVA from the outset with no defaults etc. I then exercised my right to propose a full and final where a creditor meeting was held and subsequently accepted with no additional terms applied to the completing of the IVA. I advised that my final monies was duly sent as requested and i referred back to them that my full n final was just that with no further monies being paid and my duties relating this IVA would be severed. I advised them that the creditors at the time of the meeting had the opportunity to include any additional terms which they didnt. I then also advised them that they were fully aware of this court case prior to my offer and by rights they should have informed me of this case and that this would delay any completion and that they had failed in their duties to inform of this if this case could have an impact on my iva. Anywhere i requested for the supervisors details etc and adv i was forwarding all communication to the relevant governing body as i felt my rights were now being violated following the acceptance meeting and that Payplan were the reason why this CC was on hold, not the creditors. Greed comes to mind and lets be hinest, the IVA companies would have seen more of the PPI money that the creditors anyway.
Upshot is i received a further email today that the supervisor has come back and agreed to close the IVA and my details re now with their accounts department preparing whatever needs to prepare.
Fingers crossed, i will keep chasing and will keep you all updated.
Thumbs up by the way all and sundry on this site. One big family at the end of the day.
Sharing from experiences of dealing with debt
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