IVA Vs PPI Claim

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fins123

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Post by fins123 » Wed Sep 26, 2012 12:17 pm
Hi All,
First off thank you for helping me out in the past.

Now i have had an IVA with GT (tranfered from Blair) and made my final payment back in 26 Jun 2012.

I have now been contacted by a PPI claims compainy that advised they had my details from GT and work on their behalf in submitting PPI Claims.

At the time i declined their help and still concerned that if i made a claim would that money be mine or would it been to be paid back into the IVA?

In some ways i havn't claimed as i feel its a cheek of me in trying to claim money back on something i didnt pay 100% back.

Any comments or feedback on this matter would help

Regards
 
 

Michael Peoples

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Post by Michael Peoples » Wed Sep 26, 2012 12:49 pm
If you have not received your certificate yet, failure to complete the paperwork could lead to a long delay in getting a discharge. There are numerous opinions on PPI and who is entitled to what but all you can do is work with GT and you can then be discharged and move on.
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
 
 

MelanieGiles

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Post by MelanieGiles » Wed Sep 26, 2012 1:38 pm
It is not a cheek to claim something from a bank if they mis-sold you something that you did not want or need - and if that means that your creditors get a better return then I am sure this is something you would want to pursue.

At the end of the day - do you actually feel that anything was mis-sold to you? If so, and the reclaim proceeds would be deemed to be an asset of your IVA, then you have a duty to co-operate with your IP and they may not close your case until you have complied with that duty.

Hopefully this will not take too long to sort out for you - we all undertand how frustrating this can be when you are expecting your IVA to have concluded.
Regards, Melanie Giles, Insolvency Practitioner
 
 

softie

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Post by softie » Wed Sep 26, 2012 1:57 pm
If you have received your completion statement and the IVA is complete is the PPI cash yours to keep or is it still to be paid to IVA? What will it say in the contractof IVA is it does need paing over?
 
 

MelanieGiles

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Post by MelanieGiles » Wed Sep 26, 2012 3:11 pm
If the PPI claim is an asset of the IVA, it is an asset of the IVA whether the case is closed or not. The creditor concerned will likely contact the IP, and the monies can still be repaid to the former creditors under the provisions of the trust.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Grant Thornton

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Post by Grant Thornton » Thu Sep 27, 2012 9:52 am
Good Morning Fins123,

I hope you are well.

I would ask you to contact my Customer Services team on 08448552166 or by email at ivacustomerservices@uk.gt.com quoting "IVA Forum" we will be happy to discuss advice we have recently sought surrounding the treatment of a PPI award.

Kind Regards

Claire
 
 

fins123

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Post by fins123 » Thu Sep 27, 2012 10:44 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Michael Peoples

If you have not received your certificate yet, failure to complete the paperwork could lead to a long delay in getting a discharge. There are numerous opinions on PPI and who is entitled to what but all you can do is work with GT and you can then be discharged and move on.
Sorry Michael but i am not 100% sure what you mean by complete the paper work?

My IVA has been paid now and just awaiting sign off and my certificate.
At no point have i been told about any other paper work and this PPI claims firm phoned me out the blue saying they had my details from GT.

Can you explain your comments in more detail please?

Regards
 
 

bulldog

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Post by bulldog » Thu Sep 27, 2012 10:45 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

If the PPI claim is an asset of the IVA, it is an asset of the IVA whether the case is closed or not. The creditor concerned will likely contact the IP, and the monies can still be repaid to the former creditors under the provisions of the trust.
so if i have read this correctly you are saying that if your iva is fully closed and you have received your certificate and you decided to claim for ppi after any money from this will or would go back to the creditors even your iva is all finished and dusted.
i had a few ppi on some cards and my ip have not mentioned anything about claiming,so would this give me the all clear to claim or as i mentioned would any funds go back to the creditors?
 
 

Fuloola

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Post by Fuloola » Sun Sep 30, 2012 2:55 pm
On the PPI subject I have recently put a claim in after completing my IVA over a year ago. After lots of phone calls and complaints finally got my completion paperwork last month. I put in a claim directly through the bank and found out I was going to get a substantial amount. However the bank wanted proof I had completed and wanted copies of the relevant documents which I sent as requested, however the bank still sent the cheque to GT. I phoned the bank and they told me that they would cancel the cheque and send it to me directly which they never did and GT cashed the cheque 2 weeks later. So after hundreds of phone calls to GT they told me that they've put a claim through for the cheque to be sent to me and was waiting for management to sign the amount off! Finally after asking to speak to management to find out why it was taking so long for me to receive my cheque I received a call from a supervisor informing me that I wasn't going to get a penny and it was being paid to my creditors even though I completed over a year ago. Not once was I told by any of the customer service personnel that I wasn't going to get my money, it really upset me and led me into false hope if I was told that weeks ago I would never have got my hopes up. In my opinion bad customer service!
 
 

MelanieGiles

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Post by MelanieGiles » Mon Oct 01, 2012 1:05 am
That is correct bulldog - and I would speak to your former IP for further clarification as to their position. Some IP firms are not pursuing PPI claims at all - they must, however, rest with their own concsciences and be able to explain their positions ultimately.

To Fins123 - can I suggest that you contact your own IP who will be able to answer you correctly about your own specific case.

Sorry to hear Fuloola's news - but I do suspect that they were never entitled to receive the money if the PPI reclaim was deemed to be an asset of the IVA. Perhaps the earlier staff member you spoke to was confused about the legal position.
Regards, Melanie Giles, Insolvency Practitioner
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