As this creditor was not included in IVA and we have completed, should PPI money be ours ?

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Diane.sh

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Post by Diane.sh » Wed Sep 09, 2015 12:41 pm
Hi, my husband and i completed our IVA's last October and have received our completion certs.During the last couple of years we assisted in claiming PPI refunds and some monies was paid into our IVA. We also provided information on Barclayloans that had finished before we took out our IVA. (THEY WERE NOT IN OUR CREDITORS LIST WHEN WE TOOK OUT OUR IVA). Initially Barclays denied our claim. However, they have now written to say they have reviewed our case and have said they will now uphold one of the loans.They have written to our IVA company and have sent them a cheque. My question is: as they were not included in our IVA and we have completed ...should this money be paid to IVA or should it come back to us?
 
 

lifenoteasy

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Post by lifenoteasy » Wed Sep 09, 2015 12:54 pm
Hi

I'm afraid it was an asset of the IVA and routinely would go to that.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

kallis3

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Post by kallis3 » Wed Sep 09, 2015 12:56 pm
Agree with lifenoteasy - it will have to go to the IVA.
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Michael Peoples

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Post by Michael Peoples » Fri Sep 11, 2015 6:07 pm
You could consider legal advice if you disagree. There is a court case ongoing where the proposal was drafted under R3 terms and conditions but as far as I am aware no one has challenged a protocol IVA as yet.
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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