Is there a limit to how long our IVA can remain open without accepting the 2014 protocol ?

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Davedn9

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Post by Davedn9 » Tue Dec 22, 2015 1:51 am
We recently made the final payment on our IVA, and are waiting for it to be closed. We have been advised that, as we did not accept a change to the terms and conditions in 2014 to accept the 2014 protocol, the IVA will remain open until any and all outstanding matters in relation to PPI are dealt with. Does this mean that we cannot start to repair our credit etc, and will our names remain on the register? Is there a limit to how long the IVA can remain open?
 
 

lifenoteasy

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Post by lifenoteasy » Tue Dec 22, 2015 7:19 am
A deed of assignment can be used to get around this.

I would complain and then complain to the insolvency service who have already stated that ppi by itself should not pose a problem in terms of closure.
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.
 
 

lifenoteasy

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Post by lifenoteasy » Tue Dec 22, 2015 8:10 am
Just to add that the 2014 version found at the .gov.uk site does not appear to include any reference to PPI -

https://www.gov.uk/government/.../IVA_p ... _final.doc

Additionally the following were involved in its development (and please note that the Insolvency Service would have considered the Freedom of Information implications behind releasing email addresses and either decided that this was not personal information or deemed it to be in the public interest to include within the published version):

Annex – membership

Representing IPs

R3 – Graham Rumney (grumney@r3.org.uk)
DEMSA – Melanie Taylor (Melanie.taylor@thinkmoney.com)
DRF – David Mond (dmond@hodgsons.co.uk)
Money Plus Group – Stephen Quinn (stephen.quinn@moneyplusgroup.co.uk)
Payplan – John Fairhurst (john.fairhurst@payplan.com)
Liberta – Liz Pywowarczuk (liz@liberta.uk.com)
CCCS – Jackie Westerman (jackiew@cccsva.co.uk)
ICAEW – Tracy Stanhope (tracy.stanhope@icaew.com)
IPA – David Kerr (dak@ipa.com)

Representing Creditors

BBA – Paul Ross (paul.ross@bba.org.uk)
Bank of America – Brian Jackson (brian.jackson@bankofamerica.com)
Cooperative Bank – Peter Wharton (peter.wharton@cfs.coop)
Max Recovery – Christopher de la Salle (cdelasalle@jpmorgan.com)
Lowell Group – Nick Gaunt (nick.gaunt@lowellgroup.co.uk)
Grant Thornton – Michael Peacock (michael.peacock@gtuk.com)
TDX – Martin Prigent (martin.prigent@tdxgroup.com)
HMRC – Sid Mepstead (sid.mepstead@hmrc.gsi.gov.uk)

Representing Consumers

MAT – Meg Van Rooyen (meg.vanrooyen@nationaldebtline.co.uk)
Citizens Advice – Helen McCarthy (helen.mccarthy@citizensadvice.org.uk)
FCA – David Philpott (david.philpott@fca.org.uk)
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.
 
 

Michael Peoples

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Post by Michael Peoples » Tue Dec 22, 2015 9:24 am
I agree. You do not need to sign the 2014 protocol to have your IVA closed down. A deed of assignment is perfectly fine so tell your IP you want the file closed or else you will complain.

This normally has the desired effect.
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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