Can a company send my successful PPI claim direct to my IVA company ?

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Pauld6687

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Post by Pauld6687 » Sat Jan 11, 2014 6:06 pm
Can a company send my successful ppi claim direct to my Iva company when there is nothing in my contract that says so ?
 
 

Adam Davies

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Post by Adam Davies » Sat Jan 11, 2014 6:30 pm
Hi and welcome

Yes they can as any PPI refund will be classed as a windfall and an asset of your current IVA

Regards
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jan 13, 2014 1:33 am
No they can't. Your IP has to prove that they are entitled to receive the money, and this is entirely dictated by the terms of your IVA proposal.

However, some IPs do take the view that even if the wording does not cover the specific asset, you should have declared it at the time you entered into the IVA. In these cases most claims are usually addressed via compromise.

Why does your IP feel that they are entitled to receive the money?
Regards, Melanie Giles, Insolvency Practitioner
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