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Posted: Sun Feb 02, 2014 8:36 pm
by topgear
Hi, we entered into our Iva in March 2008 and in March 2013 it was extended by 6 months so the dreaded ppi claims could be made. In September we received our certificate of completion as promised. Since that time a further £7000 has been paid into iva from ppi. We had a massive debt of aprox £43,000 and made personal payments into the iva totalling nearly £30,000 over the five years. We are no longer registered in the insolvency register and believed that our self made nightmare was finally over...BUT...the iva administrators used a third party firm to recover ppi. We have just received a letter from this firm to try and recover ppi from a loan I took out 12 years ago. This is a loan before I was even living with or more to the fact 2 years before we were married. How far back are they going to go...did i take out a loan when i was 18??? ( 46 yrs old now !!)and who is footing the bill for the work, am I going to receive a nasty bill...Please help because I’m completely lost..and sorry if this has been covered many times before..

Posted: Sun Feb 02, 2014 8:55 pm
by Foggy
Hi -- they will go back as far as they can. Their fees will come out of any refunds they discover and the balance will be paid to your former creditors.

Posted: Sun Feb 02, 2014 8:58 pm
by topgear
thanks..but Do I still need to sign letter of authority as I have previously stated to them that I do not believe I was mis-sold ppi and believe its a fraudulent act.

Posted: Sun Feb 02, 2014 9:01 pm
by Foggy
The letter of authority should be to allow them to investigate -- you are not signing to say you have been mis-sold.

Indeed, can you be certain you were not mis-sold. I have to admit I was one who made a great fuss on this forum, in the past, and swore blind that I was not mis-sold, nor even HAD any PPI .... they found over £8000 worth, hidden in a loan!

Posted: Sun Feb 02, 2014 9:04 pm
by topgear
Can my iva be reopened if I do not sign it?

Posted: Sun Feb 02, 2014 9:31 pm
by Foggy
To be honest, unless you signed any agreement during your IVA, I doubt there is anything they can do to compel you to co-operate. Your IVA cannot be reopened as it no longer exists, having had a completion certificate issued, only a continuing trust will exist to allow the IP to deal with further funds ( such as PPI).

That said -- there is no precedent for this and we can only go on opinion on both sides.

Posted: Mon Feb 03, 2014 10:49 am
by topgear
Would I be notified if...by some miracle....the full debt was ckeared, leaving money over.

Posted: Mon Feb 03, 2014 10:55 am
by Foggy
One would hope so :-)

Posted: Mon Feb 03, 2014 12:06 pm
by topgear
It's all very catch 22. They cant claim without authorisation and I cant claim either because of "unrealised asset". So who gains ???....thanks again

Posted: Mon Feb 03, 2014 12:39 pm
by topgear
If i continue to allow claims to be made, will my administrator carry on sending me statements or will I be charged for the priviledge?

Posted: Mon Feb 03, 2014 2:32 pm
by Foggy
Any fees should come out of any proceeds of the claim.

Posted: Mon Feb 03, 2014 6:47 pm
by topgear
I've noticed from my final completion statement that only one ppi claim is noted meaning the other one came after. I have never received notification of this from administrators so have no idea how much clearing the initial debt I am. Are they supposed to keep me updated even though my case is now closed...also does restriction on property get lifted automatically on completion?

Posted: Mon Feb 03, 2014 7:34 pm
by Foggy
The restriction should be lifted -- some IP's do forget -- so remind them ! They should also be able to give you an account for the monies on request.

Posted: Tue Feb 04, 2014 1:06 pm
by topgear
Have spoken today with ip who said Ive no legal obligation to sign any letters of authority to ppi claims company as I would not gain from it. thanks to foggy for help and advice...this iva is now closed!!!!