Should my IP still be an interested party in relation to PPI claims

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karen992

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Post by karen992 » Tue Nov 13, 2018 2:51 pm
Hi
I had an IVA which failed back in Feb 2010 with Grant Thornton. I dealt with all my creditors myself. In 2013 I needed to get a letter from GT which I received signed my Mark Allan saying I was no longer bound by the terms and conditions of the IVA.
I recently did a PPI claim with Barclaycard and was advised that Aperture who now own the IVA leg of GT have an interest still due to the Green Wright case.
I find this alarming as I’ve not dealt with them whatsoever.
Bearing in mind I have proof I was no longer bound by the T/c’s it seems to me they just checked the address and said they are still an interested party in order to get the PPI.

Foggy

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Post by Foggy » Tue Nov 13, 2018 3:10 pm
Aperture are basically the GT insolvency arm rebranded.

As regards PPI -- although you are no longer bound by the terms and conditions of the IVA, the PPI refund is still subject to that IVA, being an asset (albeit not known about at the time) that belonged to the IVA / Creditors, that existed during the IVA.

It could be that Aperture have no interest in dealing with this now, depending on the ease they can retrive records and contact former creditors --- sometimes it is just not economical. If this is the case they will return the refund to you.
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

MerlinL14

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Post by MerlinL14 » Tue Nov 13, 2018 3:11 pm
The T&Cs of the IVA have no bearing on the legality of who gets any PPI refund, this has been beaten to death and the outcome, legally, is that if you have ever signed a proposal and entered an IVA then the assigned IP has first dibs on that refund for the benefit of the creditors. No matter if it failed, was completed in 1816 or whatever.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
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