After an IVA has been set up has a creditor the legal right to 'set off'

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Peterdw8

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Post by Peterdw8 » Wed Jun 24, 2015 2:41 pm
After an IVA has been set up has a creditor the legal right to "set off" an amount subsequently repaid due to a successful PPI claim ??
 
 

soclose

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Post by soclose » Wed Jun 24, 2015 2:55 pm
I had a loan with HFC Bank which was included in my IVA and 3 previous loans that were paid off in full.
When i came to claiming PPI, HFC tried to off set the refunds from my previous paid in full loans, against the loan which had been included in my IVA.
The ombudsman declared that they were not allowed to do that and that the refund from the paid off loans was to be distributed amongst all my creditors.
 
 

Foggy

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Post by Foggy » Wed Jun 24, 2015 5:22 pm
They are not supposed to -- but many creditors still attempt to and I know there are several ongoing cases where IP's are still arguing with creditors. HSBC is one such culprit.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Wed Jun 24, 2015 5:28 pm
Again this is an area for the solicitors and the terms and conditions. Some proposals were modified by creditors when PPI first raised its head saying that any PPI would be set off. There is also a section in the R3 standard terms which deals with this but not sure about Protocol.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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