When is discharge of insolvency?

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Nikl
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by Nikl » Wed Oct 24, 2018 6:46 pm
I started my IVA October 2017 and have been on Universal Credits from the very start. DWP we’re taking out £47 a month from the amount I received even though the initial tax credit debt was included in the IVA. It wasn’t until March 2018 that this was resolved and the stopped taking it. I completed with a F&F in August and this month they have started taking the £47 again. They have agreed it’s an error but have said it will only be returned upon discharge of insolvency. When would this be? Would I be entitled to it all back do you think or just since it’s started back up? Many thanks
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Foggy
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by Foggy » Wed Oct 24, 2018 7:05 pm
The "discharge" in an IVA is when the IP issues the completion certificate. This can take from the normal couple of months to upwards of 6, depending on who you are with, some can even manage it in a few weeks!
Nikl
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by Nikl » Wed Oct 24, 2018 7:11 pm
Ah ok I’ve got that so I will send them a copy. Am I entitled to a refund of any debt recovery that’s been made incorrectly whilst I was in an IVA?
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luluj
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by luluj » Thu Oct 25, 2018 2:42 am
If you believe DWP owe you monies then you need to put your request in writing; send it recorded delivery and give them a reasonable period of time to calculate etc. I am not sure you will get a speedy response - debt recovery teams are inundated with similar requestscand each case in addressed in turn.
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Lisa Thomas
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by Lisa Thomas » Thu Oct 25, 2018 9:19 am
Has your IVA finished early?

Sorry if I have misunderstood your post but many IVAs last up to 5/6 years so if yours started in 2017 it would be slightly unusual to have finished son soon, unless it was a lump sum type agreement?
Nikl
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by Nikl » Thu Oct 25, 2018 9:25 am
Lisa Thomas wrote:
Has your IVA finished early?

Sorry if I have misunderstood your post but many IVAs last up to 5/6 years so if yours started in 2017 it would be slightly unusual to have finished son soon, unless it was a lump sum type agreement?


Yes it finished early, as a Full and Final settlement was offered after 10 months
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Lisa Thomas
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by Lisa Thomas » Thu Oct 25, 2018 11:22 am
Thanks for clarifying.

Some firms take up to 6 months to issue the CC.
Nikl
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by Nikl » Thu Oct 25, 2018 1:45 pm
Lisa Thomas wrote:
Thanks for clarifying.

Some firms take up to 6 months to issue the CC.


I have the CC, it arrived within 2 weeks. I was just asking with regards to whether this is classed as discharge from insolvency
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Foggy
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by Foggy » Thu Oct 25, 2018 3:05 pm
Nikl wrote:
Lisa Thomas wrote:
Thanks for clarifying.

Some firms take up to 6 months to issue the CC.


I have the CC, it arrived within 2 weeks. I was just asking with regards to whether this is classed as discharge from insolvency



You have the CC .. you are no longer insolvent.
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Lisa Thomas
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by Lisa Thomas » Fri Oct 26, 2018 8:22 am
Yes you have been discharged form your IVA.
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