www.iva.co.uk

I have been told I will receive 10500ppi refund from lloyds this is going straight to gt as well as 800last month from Barclay card .i had my cc almost 2years ago it seems like the Iva. will always carry on .iva is not worth the paper it's written on.i paid nearly 15000 into my I a when it was live

Hi,

How much did you in total to your creditors?

Did you sign a deed of assignment, allowing ppi to be claimed on your behalf? If not you may be able to challenge this. I know there has been a precedent set in a Court of Law, where is was ruled that as the Completion Certificate had been issued, then the money went to the client and not the IVA. Someone on here maybe able to point you to the link. Might be worth a try.

I believe the court case is still ongoing at the moment?

We signed a Deed of Assignment. In our case, creditors wrote off literally tens of thousands of pounds that we had intended to repay but circumstances meant we could not. If PPI comes to light and repays more of our debt, I would have no problem.

I assume that they would have to repay anything over what the debt, interest and fees were?

As the law standard at this moment in time the last high court ruling was that assuming you have not signed something to forfeit that PPI money and your IVA is complete then that money belongs to you. Yes the case has been referred for appeal at high court, but CURRENT case law supports that money being sent to you if your completion paperwork days you have satisfied the terms of your IVA and your obligations are complete.

You should send these communications to Whoever is sending the money. If they send it to GT then send it to them also. Case details in link below. The may say its being appealed,but that could take years, current case law says that money is yours ! If the appeal in the future changes that it would only affect cases going forward from that date, not a retrospective claim. Check with your own lawyer if you want, has to be worth spending a hundred or two on legal advice to get your hands on £10k plus,

http://debtcamel.co.uk/ppi-claims-after-iva/

Hi Kevin - The IVA is only continuing so creditors can potentially receive the PPI refund as an asset. At the moment the law says this belongs to you, following your CC, however that ruling is currently being appealed and the Court hearing is next year so this could all change. You could refer the Bank to the case law and try and get the £10k but if you receive it I wouldn't suggest you spend it until after the appeal has been heard in case it gets clawed back from you. At the end of the day the IVA will have no doubt helped you avoid Bankruptcy and potentially keep some assets that you might have lost so best to try and look at in in that way.

Here is what I would send to the bank and IVA firm.

Dear Sir/Madam.

Date : xx/yy/zz

Your ref: abc123

I refer to your communication of xx/yy/zz. In your letter you have advised that a PPI settlement of £xxxxx from your firm is due for payment. You have further advised that you will be sending this payment to <firm name> as the claim is subject to an Individual voluntary arrangement (IVA).

Please find attached my certificate of completion which confirms that my IVA completed on xx/yy/zz and I am no longer bound by the obligations of the IVA. Furthermore there is no deed of assignment or any other agreement in place which agrees any subsequent PPI settlements post completion will be sent to the insolvency practioner who supervised my previous IVA.

I refer you to current case law as heard in the high court, green V Wright - Neutral Citation Number: [2015] EWHC 993 (Ch) Case No: M14C358, the transcript is available here http://www.bailii.org/ew/cases/EWHC/Ch/2015/993.html

Whilst I understand the defendants do intend to appeal the current high court decision this may take many years (or may not even happen) and current law confirms that as
the party who was subject to the IVA no longer has any further obligations under the IVA any PPI settlements should be paid direct to the claimant, in this case myself.

I would appreciate if you would send me written confirmation that you you have understood the above and will be sending this settlement of PPI direct to myself and not to my previous IVA supervisor who no longer has any claims over these monies.


Kind regards.....


Letter to IVA firm......

Dear Sir/Madam.

Sate xx/yy/zz
Your ref: abc123

I have been advised that you been haven sent PPI settlements in my name. These settlements were sent after my IVA completion date of xx/yy/zz.

Please find attached my certificate of completion which confirms that my IVA completed on xx/yy/zz and I am no longer bound by the obligations of the IVA. Furthermore there is no deed of assignment or any other agreement in place which agrees any subsequent PPI settlements post completion will be sent to the insolvency practioner who supervised my previous IVA.

I refer you to current case law as heard in the high court, green V Wright - Neutral Citation Number: [2015] EWHC 993 (Ch) Case No: M14C358, the transcript is available here http://www.bailii.org/ew/cases/EWHC/Ch/2015/993.html

Whilst I understand the defendants do intend to appeal the current high court decision this may take many years (or may not even happen) and current law confirms that as
the party who was subject to the IVA no longer has any further obligations under the IVA any PPI settlements should be paid direct to the claimant, in this case myself.

I would appreciate of you would send me written confirmation that you have understood the above and will be sending this settlement of PPI direct to myself without any fees deducted.


Kind regards.....


Bla bla bla


But your own legal advice is probably worth it to confirm if they could claw back in the future ,I personally doubt they could, that would be akin to someone getting a divorce settlement and then the law changing 2 years later to say well erm 50-50 on everything is now 60-40 and were going to review all previous divorce settlements ! What you might find is the firms just drag their heels instead waiting for the settlement. In which case you could add that any delays in payment will be charged 8% per annum from the date of this letter [:D] in any subsequent claim.[}:)] send by recorded delivery, or indeed have a solicitor draft it for you if they don't play ball.

How about if you was told that if you did not sign DOA then the IVA would stay open until all PPI cases are closed (that happen a year after we made our last payment) It could be misconstrued as blackmail I wonder if they was aware of the pending court case about IP not being entitled to PPI after the IVA is shut that is why they got people to sign this agreement.

Just to answer longslog regarding divorce - this has just happened in the High Court and many more claims will be made I think!

The Wright v Green case will be heard in the Court of Appeal next year. Even though the lower court found in favour of Wright the Appeal Court 'stayed' the order as they felt that the appeal has a strong chance of success.

We would be potentially remiss if we paid out PPI in cases where there was or was not a deed of assignment as the legal opinion seems to be that the judgment will be reversed.

There are a number of arguments concerning whether a 'trust' continues after successful completion of an IVA as it does on termination. There is also the argument as to whether PPI is an asset of the IVA so not straightforward.

Finally, I would again say that this case deals with a case subject to the R3 standard terms and conditions which are different to Protocol ones. The judgment [whether reversed or not] may not even apply to those using Protocol T&Cs so any of you who have Protocol IVAs should consider legal advice as it may well be pointless awaiting the outcome of Wright v Green.

Personally I would still send the letter. If the OP has signed it over as a term of completing then IMHO then is nothing you can do, unless once the high court case is done if it is in IVA'ers favour you wish to engage a solicitor who could in effect determine if some EU/human rights law had been violated or similar in holding you over a barrel or similar.

Barclays sent our cheque to our debt company because they said when they looked on line we are still in an IVA they said it stays on their for 6 years we completed last year that was after being in an IVA for 7yrs I though it was removed from all records after 6 yrs can someone tell me is this right.

It should have come off after you completed as the company would have sent the IVA company a copy of your completion so they could remove the entry.

When we received the letter from Barclays it said they knew we had been in an IVA but if we had our CC and sent it to them they will send us the cheque so we did and they sent the cheques to the debt company why? when we phoned they told us they look on line and could see we were in an IVA