www.iva.co.uk

I've recently received a letter from Barclays saying they have miss sold me PPI on my overdraft. Barclays were not part of my IVA so should I try and claim it? or would it just get given to my creditors?
IVA was completed 18 months ago by the way.

Source and timing bears no relevance. If PPI belongs to your IVA then it all does !

If you signed an assignment it belongs to the IP, or, if it was a condition in your completion.

If you didn't assign it, technically it still belongs to the IP, pending the outcome of the current case, but what they could do about it is yet to be tested.

So best to probably hold off until any further news on the PPI Test Case??

I would be inclined to do so, yes. Bear in mind, though, that the test case relates to an R3 IVA, so might not be applied to Protocol IVAs (although I would like to think that all IP's will follow whatever precedent is set as the "spirit" of the judgement would be the same.

Of course, if you have preciously signed an assignment then the current case has no bearing.

Predictive text Foggy??

lol --- well .... you could be "precious" over it, or you might have signed it beforehand

Checking on details, the account was opened and closed before the IVA. Would this make any difference???

No --- it is an asset like any other, Think about it -- if you bought a Monet 30 years ago could you claim it didn't count because you bought it before you were in debt ?

Foggy is right. Even though you may not have known there was an asset it would be captured within the IVA even if the account had nothing to do with the IVA. Using his Monet analogy, if you thought it was a print when you bought it there would be no need to disclose it but once you found out it was an original it would become an asset of the IVA.