Finished iva in 2010. Have a completeion certificate which stated full and final settlement with the rest of the debt written off.
Now I am being chased by a ppi company who were given my details by clear debt for ppi to pay to creditors wh I no longer owe money to
I did not give my permission for clear debt to do this. Is this a breach of data protection.
Probably not a breach of data protection, but certainly not good practise. PPI refunds have been legally declared an asset of an IVA, what this means is that |IP's are now chasing this asset to pay to your ex creditors. So far, as it hasn't been challenged in a court, you are not liable to reply or engage with the PPI company or even your ex IP as you have a CC. However even if you tried to claim the PPI refund yourself it has to be paid to your IVA company for distribution to your ex creditors. Bottom line is; you can ignore the letters and emails from the PPI company and be happy with the constant pestering from them, or you can accept that as you will never see a penny of that money you comply and sign the forms and let them get on with the process.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
When a debt is "written off" it does not simply go away .. it still exists. It is merely no longer on the creditors books. If the ability to repay arises, even after write off, the creditor is entiled to the repayment, under the terms of whatever agreement led to the write off. In an IVA, when successfuly completed, the creditors agree to write off the debt and to no longer pursue it or enforce repayment. So, after completion, if you, say, win a lump on the lottery or Great Aunt Matilda dies and leaves you the Renoir hanging in the hallway the creditors will have no call on the funds. However, a PPI refund, existed during the IVA and, as such, even if unknown about at the time, is an asset of the IVA and those monies are still due to the creditors.
As Merlin says, what an IP can or will want to do to enforce co-operation in lodging a claim has not been tested: They could spend thousands pushing the matter and the claim results in a fiver being refunded! Or .... they could spend a fiver and the claim is ten grand!
Pending the oncoming claims deadline there will be a rush of these things --- your choice is to simply fill in the forms and forget about it or to accept that you are going to be hassled (a lot) in the coming months and live with it.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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