I have just come off the phone after a lengthy conversation with IP. They have rewritten my variation and worded:
For the avoidance of doubt, the debtor will receive release from all debts that are subject to the IVA upon the Supervisor issuing his Notice of Completion. notwithstanding that the VAT recovery remains to be distrubted.
They are actually saying here to give me CC and allow them to claim tax back after this.
With regards to PPI after arguing I was not misold it they will not close the case until I try each company. I want this to end so have agreed not for them to instruct a claims management company to act on my behalf but I will ring each creditor today to see if PPI was added if it was I will claim it back direct and it will then be issued amongst the creditors. I have no option to do this and cannot take any more time off work dealing with this nonsense.
I hope once I have a final response from IP that the FOS will see what we are bullied into I will keep you all updated. This is one I am not letting go and will fight to the bitter end so no-one else has to go through the delays like myself and here today have had too.
Well done Sthomas - you must be exhausted through it all. Sharing your experience here will no doubt benefit many others posting on here - thank you so much for that. x
IVA journey started: 30th March 2009. Settled: 17th July 2012. Completion Certificate received: 13th March 2013. Breathe. x
Thanks for your replies guys means a lot. One thing I don't get here is the experts have been replying to posts all day. Yet I leave an open question on here at 12.00 and still no reply. Funny that!
Hi again sthomas. The "open question" you posted at mid-day looks like a rhetorical question to me and was, perhaps, viewed that way by others.
Please also bear in mind that all the people who post on here do so in their free moments, between having to actually earn a crust in the real world ... so sometimes it might take a little while to get a response.
Well done on getting the matter sorted out with your IP.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Completely agree, sthomas, although I am at a loss as to where I might have alluded that you were not. I merely pointed out that your open question might have been regarded as rhetorical as a possible explanation why it was not answered.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
There was a claims company on the TV last night advertising PPI claim back stating they had reclaimed some £124 million pounds in PPI, now if they take just 20% of that, that is some earner just for sending in a completed claim form that any debtor can download and do themselves, no wonder the Insolvency Service are not using any claims management companies recovering PPI in bankruptcy debts
My IP instructed a claims management company without me knowing. Had I not disputed the extention for PPI and HMRC, I would never have known they were instructed. I opted to do it myself to make sure if there were any PPI claims then the creditors would get the full amount. It's important to note as well, that if claims management companies are instructed on your behalf, it has been known that creditors keep all the ppi refund and in very few cases the debtor is left, with the bill from the claims management company.
If the post at 12.00 noon was directed at me, can I just make it clear that I am a busy IP with a large practice to run and my time on the forum is allocated as a lower priority to my own casework during the working day.
I think I have said enought on the PPI issue on this thread in any case - I have the benefit of Counsel's opinion which I sought at the start of the PPI and VAT process, and am comfortable with the way these matters are being dealt with in my own firm. Whilst I am happy to share my general thoughts and advice on the forum, I am not prepared to enter a scrap with another IP's client when I have asbolutely no detailed knowledge of the facts of their case. Sorry if this is unpopular, but that is how it is.
I would further like to say that I do fully applaud individuals who decide to follow the claims process with creditors directly. My own clients have that very option, and a number of them have been very successful to date.
The situation, Daniel, is more difficult to claim in bankruptcy situation, as most bankrupts do not actually co-operate fully with their Trustee's, and for the IS to be able to prove mis-selling is difficult. I have the same issues in my extensive bankruptcy portfolio as well.
I am intrigued with your last post about creditors seeking to set off the sums against their debts sthomas. There is no mutuality about a claim for compensation for a mis-sold policy, and the debt to which that policy relates to. I'd be interested to know what experience you actually have of this occuring out in the field, because if this is something which is occuring regularly then this does need looking into by the lenders regulatory bodies. If this has happened to any forum posters, this definately should be challenged.
Thanks for your response Melanie I appreciate you are busy. I have read on numerous sites that Creditors can take all the money from PPI claims and the Debtor can be left with the bill from the CMC. I spoke to my IP today as they instructed a CMC without my consent. I put across my concerns of being left with a bill to my IP today. They too confirmed this has happened, however it is very few cases. My IP also assured me that the CMC they instructed, I would not have been left with the bill as this was all covered under the variation report.
Well I hope that if this happens to any forum posters, that they will vigorously challenge that decision - as I would definately expect their IPs to on behalf of the creditors.
Strangely enough, one of my own clients has reported this to me from one of her creditors today - she has made her own claim, not via a claims company - and I have dug my boxing gloves out already. These are things I don't mind having scraps about!!
My firm sent out standard letters when PPI claims recently came about stating very clearly that if we used a claim firm of our own choosing, the full refund would be due to the creditors and we would be left with the bill. This is why, they said, it was in our interest to use the firm they chose! I never did get an answer as to why fees from one firm would be paid by the iva, but not the same fees for the same work carried out by a different firm.
I had the forms to claim ppi back from my ip , i rang my ip and told her that i had not been misold ppi , i was not going to sign the forms. If i had signed the forms it would have been fraud. I also rang the claims company they said they would take me off there lists
... so sometimes it might take a little while to get a response. 
