Winfall after IVA completed but happended during iva

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adam090376
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by adam090376 » Mon Apr 10, 2017 2:56 pm
Hello All
Have not posted on here for a long time but have been reading the posts.
I have a question my IVA was completed in 2013 and have the completion certificate.
I have recently been made aware that I maybe able to claim some compensation from charges etc that took place during the time of the IVA I was not aware I could claim for this until now however as they took place during the time of the IVA if I was to claim would I need to tell the IVA company etc or as the certificate says they are no longer acting on my behalf is it something I need to do?
I don't want to create any further reopening of IVA if I do claim any thoughts would be greatly appreciated.
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Foggy
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by Foggy » Mon Apr 10, 2017 3:11 pm
Hi -- I imagine these are packaged bank charges ( the new PPI!) --- if so they are only going to amount to a few hundred pounds and I doubt it would be viable for your IP to dig out old files to distribute the pennies to each creditor. BTW -- these are not windfalls -- but after acquired assets. If you assigned PPI to the IP, as many did, the assignment often refers to "PPI or like charges", in which case this refund would also belong to the IP and he would need to be informed. He might well tell you he is not interested, but, if assigned to him it would be theft for you to keep it without him agreeing.
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adam090376
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by adam090376 » Mon Apr 10, 2017 3:25 pm
Thanks Foggy so would you advise I contact the IP then? The asset itself is actually for refund of interest and charges on a payday loan that was miss-sold I took the loan out during the IVA it was under £500 so did not need permission as per agreement and arranged to pay it back all was OK and agreed so not PPI or bank charges but I guess the same thing applies?
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Foggy
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by Foggy » Mon Apr 10, 2017 3:55 pm
Hmmmm ... I have to say that I have not come across this before ..... it might be wise to hang on for a bit to see if one of the Industry Experts comments.
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adam090376
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by adam090376 » Mon Apr 10, 2017 4:04 pm
Ok will check later to see if there is any advice on how to proceed.
One question my Completion was done with Grant Thornton but I can see they are now a new company name would they have my file on record etc I would like to contact them to se what they say but I am not sure if they are even the same company now.
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Foggy
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by Foggy » Mon Apr 10, 2017 4:21 pm
adam090376 wrote:
Ok will check later to see if there is any advice on how to proceed.
One question my Completion was done with Grant Thornton but I can see they are now a new company name would they have my file on record etc I would like to contact them to se what they say but I am not sure if they are even the same company now.


The IVA arm of GT are now Aperture --- as far as I am aware the same IP and staff, so will probably have your records. It was more of a "rebranding" than a change.
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luluj
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by luluj » Mon Apr 10, 2017 5:44 pm
After this length of time I would be seriously considering applying and see what the outcome is ..if its a few hundred its like foggy says unviable to re-open it all. You may be lucky !
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adam090376
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by adam090376 » Tue Apr 11, 2017 11:12 pm
Thanks for the advice all but do I have to contact the IP company first to let them know that I am planning to do this?
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Foggy
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by Foggy » Wed Apr 12, 2017 7:28 am
At the moment I would just go ahead and claim the refund --- the IP will not give you a definitive answer until he knows the amounts involved and whether it is economical to re-open the file.
Be aware, though, that the same caveats apply as to PPI --- the creditor might try to offset any refund, or might send it direct to the IP, in which case, if you are usig a claims company, you will owe them the fee.
Knowing Aperture from old, they used to go after every penny regardless. You also have to try to recall whether you assigned this over to them during your IVA ("Spotty letter" for instance ).
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Michael Peoples
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by Michael Peoples » Fri Apr 14, 2017 9:42 pm
My feeling is that the money belongs to you. Post iva approval and no breach so you should claim the money
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