Changing the terms of IVA

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Martha G

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Post by Martha G » Thu Feb 20, 2014 12:03 am
Hi Melanie, I had an IVA with 5 year payment plan - which I completed in Apr 2013. I have been chasing for a Completion certificate - but they're saying its been held up whilst they pursue PPI claims - which I have co-operated fully with. There is apparently one outstanding now. However, they have now sent me through a pack requiring to accept their new Standard Terms and IVA Protocol 2014 plus a Deed of assignment. They are suggesting if I don't accept them, they will not complete my arrangement until all PPI claims resolved? This is, to my mind, ridiculous and totally unfair as I have completed the payment arrangement correctly 10 months ago?? I want to move on with my life - but cant without a completion cert!!
 
 

MelanieGiles

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Post by MelanieGiles » Thu Feb 20, 2014 12:07 am
They should not be asking you to accept the 2014 IVA Protocol - why when you have completed all of your obligations under the IVA. Ask them why they deem this to be necessary. I think the idea of a Deed of Assignment is sensible, but first of all I think you need to determine whether any PPI claims would actually be deemed to be assets of your IVA or not. Get your IP to clarify this for you - and show you where this is confirmed within your own IVA proposal documentation.
Regards, Melanie Giles, Insolvency Practitioner
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