I have a claim in with the FOS against provident. They were never in my IVA and any refund will be from loans taken after the start date of my IVA. Will any monies refunded go to my IVA or me?
i’ve read the green case but this refers to monies from loans before they started. I’ve tried to google but not really got a straight answer.
The fact that these loans werte taken after the start of the IVA could fail the IVA itself, unless the total debt raised was less that £500.
If the loans were allowable and the repayments made from agreed allowances I would have thought the refund would be yours --- it is not extra income, but returning income already accounted for. But, as usual, the final say will rest with your IP.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014 http://foggy.blogs.iva.co.uk