As far as I know since the house and any equity is dealt with during the life of the IVA - and then either equity paid in to IVA or house excluded from the arrangement, that "no" your creditors cannot come after your home later as it has either already forfitted its equity into the IVA or been exlcuded.
"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr
IVA approved Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
I'm interested as to why I've suddenly started to be chased for PPI more than 6 months after I received my closure certificate. I have not had any correspondence from GT in the interim time asking if I am happy for my details to be passed on to a third party, so how have EIC suddenly got my details, 18 months after my final payment, and 6 months after CC was issued?
Is this even legal? I have posted a full thread in the 'New Questions' forum explaining further.
I have had 17 calls regarding this over 3 days, including 2 this morning. I do not want to speak to these people. Can anyone please advise?
Mike 453152 I agree with you wholeheartedly and have actually raised this question with GT today. I could barely believe that you were asking the same questions as me at the same time.
Like you, I have few concerns about the actual PPI claims but rather what the principle behind a full and final settlement actually means. I have been in tears tonight at the thought of being obligated to the original debt until the elusive CC appears at some distant point in the future, if ever!!
GT have stated that the original debt stands to be cleared, regardless of the F&F until I receive the completion certificate. So what was the point of the variation meeting? I almost think they are making it up as they go along. It just doesn't make any sense.
IPs have no duty to pursue PPI misselling claims once a case has been formally closed, but if the claim would have been an asset at the time the IVA was entered into they are doing nothing wrong by claiming the monies due and then distributing them to creditors.
Til's understanding of the position is correct. And GT are not making it up as they go along, they are acting on firm and sound legal advice provided to their firm.
thanks for the reply mel im so confused i really dont know.
i was bullied into all this back in 2006 by debt matters.
a short time in got a letter to say gt was now edealing with everything.
continued to pay made no contact untill the ppi thing came about.
i made my last payment in nov.
the bank did say the ppi team will pay the check on a copy of compleation ceritficate so where they got thst from if thats not the case i dont know.
but they have put it on hold.
im not up to speed with the jargon but i want to complain about everything. lack of response i made a complait by e mail months ago no response. a worker was very rude. along with others making cheap comments.
and the latest response was they were not calling me back becasue they have alreday spoken to me. cheek.
i want answers as to why they told me i was due 1000 pounds then to be told it was wrong they were removing the money which had gone up to the sum of 1400 removing it from my bank.
good job they did it before i spent it.
i told them to keep the 9 pounds which was the actual ammount owed funny i think they have!!!
if a company has fourms like this one where people have been complaining for years about the same things theres big problems that are not changing.
this is all over but the fat lady as they say is still singing GT need to hurry up no excuses they have compleatly ran out!!!!!!
Have you lodged a formal complaint using their internal complaints procedure sabrina. There is really no excuse for any firm's employees acting in a rude or flippant manner to you, regardless of the issues you are trying to get clarity on. The IPs themselves may not be aware that staff members are behaving in such a way, and I am sure they would be grateful if this were to be highlighted to them.
yes for the attention of paul madden.no response thst was months ago.
i was told on monday that i was taking to a manager???
when i called back the number left on my phone i was told it was reception.
i said i spoke to you yesterday her voive was the same she said no you didint so i said ok then i will speak to a manager she said she would get one to call me at 4.45 TUESDAY no call i rang again she said they have alreday spoken to you.
its mad i just want to finish this thats what they were suppose to call me for give me a time frame i said after all the bad managment they owed it to me. but no response.
thanks for the reply mel.
one last thing before today is over. is it possible to get a copy of payments made etc..totals expected i never saw any of this it was only when i called in october was i told i had made enough payments and to stop the standing orders and thats not what i had called for.
so it is possible they did owe me 1400 but i wont know if they dont talk to me or someone help to get this information.
Paul is a very senior chap at GT, and one of the nicest and most diligent gentlemen there is in this profession. He cares very much about all of the adverse comment about his firm right now, and is doing all he can to address client's concerns with Karol and the rest of the team.
It is possible that your query may have slipped out of the system'll make sure he is personally aware of this post - he will be concerned to look into this for you sabrina.
thank you very much.i was very uset by the recent calls for my family more than anything we struggled were o know and will never find ourselfs in positions we may have done some time ago now .
but i did get excited thinking we would recive all that money and so would any one else.
it took 7 days for them to realise they had it wrong.
and no evidence since then or a good enough explanation as to why???
thanks for your time.
I promise you all that I'm really trying to understand but I'm still no clearer regarding full and final variations.
I understand the principle of all assets existing prior to the start of an IVA being obligated towards the IVA both during its term and after completion when an IVA runs its full term.
However, I can't get my head around any additional monies from any source being owed to an IVA once a full and final variation has been legally accepted by all concerned parties. The very words seem to make it clear that the accepted sum ends the arrangement.
Surely the variation would clearly state that any assets acquired prior to the start of the IVA would still be required to be paid or any windfalls obtained between variation and receipt of the CC would need to be paid?
If my variation accepted £10000 F&F against a £15000 original debt why would my IP still seek out both pre and after acquired assets to meet the original £15000 debt?
Perhaps I'm really being stupid but I just don't get it.
Given that there are now so many postings about whether a full and final settlement means just that, regardless of unrealised assets, I am going to bring this question to the attention of the committee currently in the process of issuing guidance to IPs.
