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PPI after IVA completed

Posted: Mon Jan 30, 2017 8:29 pm
by missyp
My IVA finished as completed in October 2013. Would I still be eligible to claim for a PPI refund from Northern Rock even if it formed part of my IVA.

I don't want to start the process if it will cause issues.

Thanks in advance.

Re: PPI after IVA completed

Posted: Mon Jan 30, 2017 8:45 pm
by Foggy
PPI would be payable to the IVA as long as the former IP is minded to get the papers out of archives. The chances are that NR would pay it direct, so, if you use a claims company you would then be liable to pay their commission.

Re: PPI after IVA completed

Posted: Tue Jan 31, 2017 9:50 am
by Lisa Thomas
Foggy - won't it depend on the outcome of Greene v Wright?

Re: PPI after IVA completed

Posted: Tue Jan 31, 2017 11:02 am
by Foggy
Lisa Thomas wrote:
Foggy - won't it depend on the outcome of Greene v Wright?
Hi Lisa --- That case could have a bearing, yes. But ( and they are big buts) the current case could still drag on for some time. The original paperwork would need to be scrutinised for any assignment made, which would nullify Greene v. Wright anyway. And, the current case pertains to arrangements under R3 terms and conditions, so an IP using Protocol or any other non-R3 proposals could argue that it doesn't apply to them anyway!

I would hope that the legislature would go on, post Greene v. Wright, and apply the principle, using the Spirit of the Law, rather than the Letter of the Law --- but that could take another court case to decide. Bearing in mind that we are already seeing assigments insisted upon and other work arounds being built in, these decisions will only affect cases already completed so the will to go back to court might not be there. But I can see "non R3 IPs" simply ignoring the case and not many debtors will have the wherewithall to go to court themselves.