The IVA company was Freeman Jones. Last Friday, my partner got a letter saying about Green vs Wright and PPI and Court of Appeal and any PPI payments should be paid to creditors by the Supervisor ? I'm sure other folks have had a similar letter. It's the 1st time we've heard from FJ since the CC and report in 2012. During our 6 yrs of IVA, PPI was never mentioned by us, FJ, the IP supervisor or the creditors. We did claim PPI in 2015, got paid directly by a number of creditors most of which were in the IVA. We used Think2Claim as we'd shredded all the old paperwork relating to our debts.
I've read a lot of different scenarios on the internet from IVA debtors who have been told to apply for PPI during their IVA by their IVA company/by the IP or after the IVA payments had finished so they'd get their Completion Certificates, people have been written to by the banks about PPI, people who have signed a Deed of Assignment (I think it's called), where banks/loan companies have sent the PPI refunds directly to the IVA company or IP supervisor. None of these happened to us.
I am quite annoyed to find out that Freeman Jones haven't managed our IVA as they should have done. I wouldn't have had a problem with applying for PPI during our IVA and payments going to the banks or the banks keeping the PPI refunds because of us being in an IVA. Even more angry to find that Think2Claim are part of Think Money group which Freeman Jones being to and have since 2012.
Naturally as the banks refunded us directly, I had no reason to think the money wasn't ours to save, spend, etc. I don't have the paperwork for the IVA set up. I actually shredded it earlier this year during a mass paperwork cull so I don't know what type of IVA we had (Protocol, R3, Defined Assets, All Assets).
My arguement would be that any PPI claimed after getting the letter should be paid over to the IVA estate, unless you were made aware of PPI during the IVA, which you were not.
Back in 2011 - 12 even the IPs themselves didn't know how to handle PPI, so they cannot rely on the expectation that you would know any different.
As said, those who went through the PPI claims process during their IVA could reasonably be expected to know the "ins and outs", especially those who signed over the rights to the refunds in Deeds of Assignment and the like.
Catlover75 wrote:Thanks for your quick reply. Not sure what to do really. Partner says ignore letter. Citizens Advice weren't overly helpful but only spoke over the phone Thanks x
I would be inclined to be the same as your partner -- leave it lie and see what, if anything, happens. No point in poking a sleeping bear with a sharp stick !
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