When to claim PPI

Get expert opinion. This is the place for new questions to be posted.
6 posts Page 1 of 1

luna

User avatar
Posts: 130
Joined: Fri Apr 08, 2011 1:51 pm
Location: United Kingdom

Post by luna » Sat Jan 28, 2017 12:12 pm
Hi

IVA completed and there was never any mention of PPI from outset to completion, no DOA etc.

Didn't think we'd ever had any but on a clear out of old paperwork 4 x loans dating back 20+ years and a previous mortgage provider again going back over 20 years with PPI for about 10 years.

So do I claim now or does this Green/Wright have any bearing?

I know there's no need to go through a claims company you can do it yourself.

Expert advice would be most appreciated

Regards.
IVA completed with StepChange.
Last payment Sept 2016 CC Oct 2016

kallis3

User avatar
Forum Expert
Posts: 77177
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sat Jan 28, 2017 12:13 pm
Hi,

It may well have a bearing so I would hold off for now personally speaking.
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

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sat Jan 28, 2017 12:22 pm
I would wait until the final verdict has been delivered ( even then it might not have any bearing as it relates to R3 Ts&Cs specifically -- but I would hope the spirit would be applied to other arrangements). As things stand any refund would still be due to the IVA -- if the IP was so moved as to dig out the paperwork from his / her archives.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

luna

User avatar
Posts: 130
Joined: Fri Apr 08, 2011 1:51 pm
Location: United Kingdom

Post by luna » Sun Jan 29, 2017 7:27 am
Thanks so what governs that PPI belongs to creditors?

Surely there should be something in the proposal, chairmans report or completion paperwork

In this case the creditors were all pre-IVA and didn't form part of the IVA

Is it some global governance or law that determines this?

Sorry to go on but just like to know the facts

Thanks again Foggy.
IVA completed with StepChange.
Last payment Sept 2016 CC Oct 2016

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sun Jan 29, 2017 1:20 pm
The PPI refund is captured as an after acquired asset ... these are mentioned in the terms and conditions and are payable into the IVA. They do not have to be specifically referred to as, of course, assets can be many and varied things, far too many to mention, so they come under the "asset" umbrella.

The fact that the loans were pre-IVA has no real bearing ---- they are simply assets that arose ( albeit without your knowledge ) pre IVA. If you had a Rolls Royce on the drive when you went into the IVA you would have no surprise that the creditors would want it sold and the proceeds paid towards your debts. That fact that you purchased the car before the IVA is of no relevance. So it is with PPI refunds.

What Green vs Wright is really trying to establish is that assets (in this case PPI) should be dealt with during the life of the IVA and that, once the completion certificate has been issued, anything not dealt with is lost to the IVA -- the IP has missed the boat.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

stirling

User avatar
Posts: 264
Joined: Wed Oct 01, 2008 11:03 am
Location: United Kingdom

Post by stirling » Tue Jan 31, 2017 10:11 am
Luna I too was with stepchange and am watching this case and awaiting its outcome. I noticed on Martin Lewis last night that he was talking of a time deadline for all claims. Does anyone know if and when an outcome/announcement will be made on the Greeen v Wright case. It seems to be going on forever.
6 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”