I've recently received a letter from Barclays saying they have miss sold me PPI on my overdraft. Barclays were not part of my IVA so should I try and claim it? or would it just get given to my creditors?
IVA was completed 18 months ago by the way.
Source and timing bears no relevance. If PPI belongs to your IVA then it all does !
If you signed an assignment it belongs to the IP, or, if it was a condition in your completion.
If you didn't assign it, technically it still belongs to the IP, pending the outcome of the current case, but what they could do about it is yet to be tested.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I would be inclined to do so, yes. Bear in mind, though, that the test case relates to an R3 IVA, so might not be applied to Protocol IVAs (although I would like to think that all IP's will follow whatever precedent is set as the "spirit" of the judgement would be the same.
Of course, if you have preciously signed an assignment then the current case has no bearing.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
No --- it is an asset like any other, Think about it -- if you bought a Monet 30 years ago could you claim it didn't count because you bought it before you were in debt ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Foggy is right. Even though you may not have known there was an asset it would be captured within the IVA even if the account had nothing to do with the IVA. Using his Monet analogy, if you thought it was a print when you bought it there would be no need to disclose it but once you found out it was an original it would become an asset of the IVA.
