Get expert opinion. This is the place for new questions to be posted.
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Crocks01
- Posts: 9
- Joined: Thu Sep 05, 2013 6:37 pm
- Location: United Kingdom
Nickjohn....I don't really know,,Iit was started in 2005..
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nickjohn
- Posts: 969
- Joined: Tue Feb 07, 2012 11:27 pm
- Location: United Kingdom
If you still have a copy of the IVA have a look through it, if there are headings such as "included assets" "excluded assets" then chances are its a defined asset IVA.
Modern IVA's use standard protocol compliant or R3 terms and conditions which have a catch all clause allowing them to take any asset, so look and see which terms and conditions are associated with the IVA as well..
If you have non of these things then I would ask your old IP for a copy of your original IVA..
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Crocks01
- Posts: 9
- Joined: Thu Sep 05, 2013 6:37 pm
- Location: United Kingdom
As I said my IVA started in 2005 and no where it says about ppi against what I owe,,,it is separate .....
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nickjohn
- Posts: 969
- Joined: Tue Feb 07, 2012 11:27 pm
- Location: United Kingdom
So if you have a defined asset IVA and have no catch all clause in the IVA and you have your completion certificate then I would be of the opinion that the money should come to you and not your IP but you would need to talk to your original IP and ask under what terms they are claiming the PPI refund.
The link below was from a previous post covering a similar scenario.
http://www.iva.co.uk/forum/topic.asp?TOPIC_ID=53950
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Crocks01
- Posts: 9
- Joined: Thu Sep 05, 2013 6:37 pm
- Location: United Kingdom
Also ,on my credit file it says that everything with these company's are finished and settled....
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nickjohn
- Posts: 969
- Joined: Tue Feb 07, 2012 11:27 pm
- Location: United Kingdom
If everything is settled and completed I would also ask the bank who repaid the money why they sent it to your old IP. As I said earlier also get in touch with your old IP and ask them to explain under what part of the original IVA are they allowed to keep the PPI money now that the IVA is settled..
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Crocks01
- Posts: 9
- Joined: Thu Sep 05, 2013 6:37 pm
- Location: United Kingdom
I have just sent a long email to the Financial Ombudsman about this as I have the closure certificate,my credit file is showing that it is all settled,and in 2005 a ppi claim was not around so it would not been included in my IVA..
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Crocks01
- Posts: 9
- Joined: Thu Sep 05, 2013 6:37 pm
- Location: United Kingdom
Also the ppi claims didn't really go through till 2011 but my IVA was finished and a certificate of closure was issued then..so it can't be in my IVA terms and conditions....
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nickjohn
- Posts: 969
- Joined: Tue Feb 07, 2012 11:27 pm
- Location: United Kingdom
You should also ask the bank who gave the refund why they paid the IP when your IVA is fully completed.
