www.iva.co.uk

Had my f and f agreement from grant Thornton today, all signed and sent to all creditors. Just wondering why no mention of all the PPI they are claiming as part of the f and final agreement. Surely this recent agreement takes over from the ones previously signed. Is there any lawyers or solicitors on here who can clarify

The offer being made should include the potential for future PPI claims. Has the PPI investigation been carried out yet?

GT will be intending to look at the PPI position, I am sure. They regard it as an asset of the IVA ( regardless of the actual position outlined by your IVA ).

Do you mean that the money coming in from your PPI claims is forming part of the F&F and that GT have not made any mention to this??

Hi Mel yes investigations have been going on for months but why no mention in my full and final agreement

My PPI has been going on for some time and was not referred to at all in my full and final .. however, I checked with GT and they tell me that any further monies to be recovered will be in addition to the amount agreed to close my IVA, along with any windfalls I happen upon before I get my completion certificate.

Hi foggy, surely this should be mentioned in your formal full and final document agreement though. As this document being the most recent will out way any you have signed previously. Not totally sure how it works, but this is so with any other formal documents. I just want the creditors to get all the money, GT should no longer get a cut as the full and final has been agreed! With no mention of PPI??

Hi foggy! But surely this should be mentioned in your full and final agreement as new paper work outweighs other previous paper work. Well it does in other legal areas!! I just want the creditors to get the best return without other people taking cuts. Your full and final is the final document so it should say everything legal surely??

A lot will depend upon the wording of the F&F acceptance. Gt seem to leave this fairly "woolly" and "open" and take the stance that the F&F merely absolves you from having to make further scheduled repayments. Any PPI and windfalls between the last payment and the issue of the completion certificate are still due to the IVA.

We will never know whether this is legally correct or not unless challenged in court to provide precedent.

Isn't there anyone out there who would like to challenge it,

Why not just refer it to the regulators and let them advise you whether your IP is acting appropriately or not.

Personally anything PPI is fair game for the IVA -- anything else ( if I happen to win the lottery ) will be "discussed".