IVA (Completed 2013) and PPI Refunds

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EX-IVA
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by EX-IVA » Thu Mar 08, 2018 2:17 pm
Hi all

New to the forum but after some advice please.

I had debts of around £28k back in 2009 so entered in to an IVA. I was made redundant in 2013 and with the agreement of my IVA practitioner and creditors I used some of my redundancy money to make a 'full and final' payment for the IVA. I have a cretificate of completion for the IVA dated April 2013.

Around 6 weeks ago I made a speculative PPi claim against Natwest (RBS) for previous loans and credit cards I had with them. The investigation was completed and this week I received 4 letters from RBS saying that they are prepared to pay me around £7k. The letters did however have a line about being in a live IVA or previously having an IVA.

I called my practitioner who says they have "no interest in the money as the IVA has been completed" however when calling RBS they said they will look at the insolvency register to see if i am still on there (I am not as I was discharged 5 years ago)

I am finding it difficult to see my position here - would RBS who offered the PPI refund and being a previous creditor be allowed to then take the PPI refund for the previous debt or as my IVA was completed 5 years ago and the practiitioner not being interested in the money would the PPI be sent to me?

I got excited by the prospect of this money coming in but now I am not too sure I will see any of it.

Thank you.
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luluj
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by luluj » Thu Mar 08, 2018 4:10 pm
PPI linking bavk to pre iva maybe due to be paid to your creditors - your IP has said not interested so you will need to see what the PPI company decide - hopefully you will be lucky but it is not guaranteed sorry !
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Foggy
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by Foggy » Thu Mar 08, 2018 5:22 pm
In theory any PPI refund should be made to your IP -- if he has no interest anymore he will return it to you. However, RBS are well known for trying to circumvent the system and trying to use the refunds to offset the old debt. They are not allowed to do that, but it hasn't stopped them trying -- and, bottom line, there is no-one interested in stopping them !
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