Page 1 of 1

Posted: Tue May 24, 2016 9:17 pm
by JJSIDE
I hear that the Green V Wright appeal did not happen this week and may be delayed until next year. When it is eventually decided, if they rule in favour of the IP and maintain that the trust continues post completion - where do I stand?. I completed my IVA successfully in 2009. Since then I have claimed for PPI myself. I have had several successful claims, on each occasion the IP has been aware of the PPI compensation awarded and have stated that the case was closed and they were no longer acting. In 2 instances the cheques sent to my former IP were returned to the former Creditor and then reissued to me personally, and in 2 other instances, with claims referred by me to the Ombusman, the Ombusman contacted my former IP to ask if they had any interest in the claim - in both these instances they said no and the money wasa paid to me by the former creditor. If the appeal rules in favour of the IP, is my former IP then allowed to say they got it wrong and ask for the money back from me? The claims total more than £35,000, some of which has been spent.

Posted: Tue May 24, 2016 10:06 pm
by kallis3
It is still ongoing and until then nobody can say what the outcome will be.

Posted: Wed May 25, 2016 6:17 am
by JB3178
Can one of the forum experts please advise who we go to to get a definitive answer on how this should be being handled. As my previous posts have stated I am in the opposite position. I have had my PPI refund sent to my former IP, as they have claimed 'interest' in my payment, even though my IVA completed 5 years ago. Let's put all the arguments aside for now about the Green Wright case and who should the money go to and whether it forms an asset etc etc. The issue is now that people are being treated differently. If IPs are the responsible professionals that this forum always insists they are, then PPI refunds should be being handled the same across the board. It is wrong that we are all being put through this stress for different reasons and I now want to know where we go to get some clear answers.

Posted: Wed May 25, 2016 7:09 am
by lifenoteasy
No one can give a definitive answer.

What happens is variable across the industry.

Posted: Wed May 25, 2016 9:31 am
by Lisa Thomas
There is no definitive answer except that I would think given the IP confirmed the IVA had no interest in the PPIs then there should be no comeback to you. Had you not obtained this authority it could have been a different scenario. Given that such significant amount of time has passed I suspect your IPs have closed your IVA and would let sleeping dogs lie.