refund

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ritateece

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Post by ritateece » Wed Aug 29, 2012 9:32 pm
[:)][8D]hi,
sorry to bother you but I completed my iva nearly a
year ago now, and a few days ago I got contacted by one of my creditors that i had payed to much and that i ave a refund, so my question is what happens is this money mine as i could really do with it, as i have no job at the moment or is it some cruel joke getting my hopes up
of money i can't have, I asked my advisor and she as never heard of this before please tell me if this could
be true and this money is really mine
thanks
rita [8)][:o)][B)][:p]
Last edited by ritateece on Wed Aug 29, 2012 9:43 pm, edited 1 time in total.
mrs r teece
 
 

lem

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Post by lem » Wed Aug 29, 2012 9:48 pm
This definitely seems strange, did you manage to repay all your debts in full during the IVA? Do you now have your completion certificate?

If the creditor in question is offering you a refund from overpayments then I would just accept it graciously
 
 

ritateece

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Post by ritateece » Wed Aug 29, 2012 9:54 pm
yes in full and early and I do have completion
letter.

thanks rita[:o)][:p]
mrs r teece
 
 

luluj

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Post by luluj » Wed Aug 29, 2012 10:49 pm
Then I believe the money is yours! Let's wait for an expert IP to log on and see there opinion....let us know the outcome !
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
 
 

Niobe

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Post by Niobe » Wed Aug 29, 2012 10:51 pm
I would have thought it was yours as well - hopefully Mel will be along later to advise.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Aug 29, 2012 11:16 pm
Strictly speaking, if a mistake has been made in paying a creditor too much money, then that refund should be paid to the former IP for onward distribution to the other creditors. I would have a chat with your former IP to see how they view the refund. If the amount involved is immaterial, they may simply agree for you to retain the money, but as with all things IVA related, the terms of your own individual case will dictate who is actually entitled, so it is difficut to say yes or no to be frank.
Regards, Melanie Giles, Insolvency Practitioner
 
 

ritateece

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Post by ritateece » Wed Aug 29, 2012 11:32 pm
ok, though i do think that if it is right it should be my money as when i started the iva i owed £28.000 and payed back 36.000 so if the is a refund i really hope
it should be mine.[:)]
thank rita
mrs r teece
 
 

MelanieGiles

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Post by MelanieGiles » Wed Aug 29, 2012 11:35 pm
Unfortunately, whether you feel it is fair and just or not, the terms of the IVA contract will always dictate the answer.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Shining

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Post by Shining » Thu Aug 30, 2012 4:28 am
Hopefully you'll be able to retain the refund, fingers crossed. x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Pandy

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Post by Pandy » Thu Aug 30, 2012 7:14 am
Mel reading previous post in this thread,m it looks like Rita paid back 100% plus fees etc so surly the money should be hers.
Last edited by Pandy on Thu Aug 30, 2012 7:14 am, edited 1 time in total.
If life is what you make it, I must have been in a strange mood when I made mine
 
 

MelanieGiles

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Post by MelanieGiles » Thu Aug 30, 2012 11:02 pm
Thanks Peejayel - memo to self to read things through properly!

If the debts have been repaid in full, then the refund has to be Rita's to keep.
Regards, Melanie Giles, Insolvency Practitioner
 
 

orchid5

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Post by orchid5 » Fri Aug 31, 2012 9:29 am
Hi and welcome Rita, let's hope that you can keep the money and be able to treat yourself, good luck. xx
Om shanti, namesté, good luck to all who are embarking on the IVA journey, it isn't always an easy one but the outcome is the best.

IVA COMPLETED August 2012, received Completion certificate 18.4.13.
 
 

ritateece

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Post by ritateece » Mon Oct 08, 2012 6:19 pm
hi just like to say thanks for the advice and to let
you know my refund arrived today yeahhhh,
so thanks
mrs r teece
 
 

Shining

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Post by Shining » Mon Oct 08, 2012 6:23 pm
Pleased for you, enjoy your refund x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Niobe

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Post by Niobe » Mon Oct 08, 2012 10:46 pm
Great news!!
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