Page 1 of 2

Posted: Wed Aug 29, 2012 9:32 pm
by ritateece
[:)][8D]hi,
sorry to bother you but I completed my iva nearly a
year ago now, and a few days ago I got contacted by one of my creditors that i had payed to much and that i ave a refund, so my question is what happens is this money mine as i could really do with it, as i have no job at the moment or is it some cruel joke getting my hopes up
of money i can't have, I asked my advisor and she as never heard of this before please tell me if this could
be true and this money is really mine
thanks
rita [8)][:o)][B)][:p]

Posted: Wed Aug 29, 2012 9:48 pm
by lem
This definitely seems strange, did you manage to repay all your debts in full during the IVA? Do you now have your completion certificate?

If the creditor in question is offering you a refund from overpayments then I would just accept it graciously

Posted: Wed Aug 29, 2012 9:54 pm
by ritateece
yes in full and early and I do have completion
letter.

thanks rita[:o)][:p]

Posted: Wed Aug 29, 2012 10:49 pm
by luluj
Then I believe the money is yours! Let's wait for an expert IP to log on and see there opinion....let us know the outcome !

Posted: Wed Aug 29, 2012 10:51 pm
by Niobe
I would have thought it was yours as well - hopefully Mel will be along later to advise.

Posted: Wed Aug 29, 2012 11:16 pm
by MelanieGiles
Strictly speaking, if a mistake has been made in paying a creditor too much money, then that refund should be paid to the former IP for onward distribution to the other creditors. I would have a chat with your former IP to see how they view the refund. If the amount involved is immaterial, they may simply agree for you to retain the money, but as with all things IVA related, the terms of your own individual case will dictate who is actually entitled, so it is difficut to say yes or no to be frank.

Posted: Wed Aug 29, 2012 11:32 pm
by ritateece
ok, though i do think that if it is right it should be my money as when i started the iva i owed £28.000 and payed back 36.000 so if the is a refund i really hope
it should be mine.[:)]
thank rita

Posted: Wed Aug 29, 2012 11:35 pm
by MelanieGiles
Unfortunately, whether you feel it is fair and just or not, the terms of the IVA contract will always dictate the answer.

Posted: Thu Aug 30, 2012 4:28 am
by Shining
Hopefully you'll be able to retain the refund, fingers crossed. x

Posted: Thu Aug 30, 2012 7:14 am
by Pandy
Mel reading previous post in this thread,m it looks like Rita paid back 100% plus fees etc so surly the money should be hers.

Posted: Thu Aug 30, 2012 11:02 pm
by MelanieGiles
Thanks Peejayel - memo to self to read things through properly!

If the debts have been repaid in full, then the refund has to be Rita's to keep.

Posted: Fri Aug 31, 2012 9:29 am
by orchid5
Hi and welcome Rita, let's hope that you can keep the money and be able to treat yourself, good luck. xx

Posted: Mon Oct 08, 2012 6:19 pm
by ritateece
hi just like to say thanks for the advice and to let
you know my refund arrived today yeahhhh,
so thanks

Posted: Mon Oct 08, 2012 6:23 pm
by Shining
Pleased for you, enjoy your refund x

Posted: Mon Oct 08, 2012 10:46 pm
by Niobe
Great news!!