It's been a long time since I posted on this forum as I received my completion certificate in May 2013. The certificate said quite concisely that the supervisors duties are completed and all arrangements have been satisfied. During the IVA my husband died (it was a joint IVA). Now, the dreaded PPI has come up with Barclaycard who have told me that my late husband is entitled to PPI. After months of phone calls and going to solicitors to get sworn declarations of identity, I've now been told by Barclaycard that it's been identified that my husband was in an IVA and the refund will go to the Insolvency Practitioner.
I can't find any trace of ppi being included in our original paperwork but Grant Thornton say that the mass variation they did on everybody's accounts that were transferred to them included reclaiming ppi after completion. My husband had passed away before this but I've been told this was of no consequence.
I can't find any mention of claiming anything back after completion in any of my completion paperwork. So where do I stand?
It's not a huge amount of money but it would be almost life changing for me. I really thought I'd put everything iva related behind me and am quite upset. Is it worth a battle or should I just let it go?
Any suggestions or advice would be greatly appreciated.
Unfortunately it seems to be the thing with PPI at the moment that everything will go back to the IVA (unless it was paid 100p in the pound) and one or two people have had the same thing with Barclaycard.
You can try and fight your corner and see if you can claw some of the money back. Speak to the IP next week to see what they say.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
I might be wrong but once someone has died this should go to the estate and then they should make a claim against it.
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 would ask to see the written confirmation signed by you and husband on your respective IVAs that says you are obliged to continue with PPI having received your completion certificate. If they can't provide it then what else can they say they agreed after you completed, that if you win the lottery then can have that too because they agreed it with someone else ??
If you have completion certificates already and neither of you personally signed anything to say it would go to them (like other firms to as a term of sending out completion certificate) I would not be inclined to do anything for them. Seeing as you have been in touch with solicitor regarding other matters it might be worth getting their opinion or getting them to write to Grant Thornton regarding this, mention the green v wright case to the solicitor too. please let us know why they say.
Last edited by longslog101 on Sat Oct 17, 2015 10:06 am, edited 1 time in total.
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
Thanks for the responses. I know that my iva wasn't dealt with as part of the mass variation done by GT but think I may have signed something to close it quickly. However, I know my late husband didn't and I have email evidence of my expressly refusing them permission to look for ppi in his name as it was unethical to make a suggestion of miss-selling when he couldn't give evidence.
More interestingly, after looking at the Green v Wright ruling, it seems that the wording on the actual completion certificate and paperwork is significant regardless of what was signed during the time in an iva. If an IP has stated that all obligations are now fulfilled and has signed off as IP then this should override any previous agreements. Therefore, if an insolvency company wants to claim any ppi after the completion certificate has been issued it should put this in the content of the completion paperwork. Well, that's my reading of it and I stand to be corrected as I have no legal experience.
I also think that the ruling has gone to appeal, not because it has a good chance of being overturned but so it can be made a law, the Court of Appeal being the place that this can happen. However, it will all become clearer when the appeal is heard.
Somebody needs to get a grip on what has become the iva fiasco. I'm sure everybody agrees that there has to be a point when a contract/agreement must end. I'm just waiting for the next financial recompense to happen and our iva's, whether completed or not, carrying on and on and on....
