www.iva.co.uk

I did a full and final settlement on my IVA 16 months ago. The company stated I was not due any PPI and even gave me a refund on some of my IVA but they have now approached me saying they want forms to investigate whether I was entitled to any PPI from previous creditors taken out years ago. I did receive PPI just before xmas but have spent this as my full and final was so long ago. Where do I stand with this?

Hi, PPI appears to be affecting a lot of us within an IVA. I would inform your IP (of the F&F) what has happened and I honestly don't know how long this stays with us for?

If you have completed your IVA and have a completion certificate which also includes your IP informing the court that issued the bankruptcy that the IVA is closed, the insolvency service removing you from the insolvency register, I would tell your IP to go forth and multiply.

An IP suddenly thinking ooooh, for some god only knows reason they can re-open a case and look how much commision I can get on this is beyound recourse.

Very sad.

As far as I am concerned the court order that gave my IP power over me is closed and part of the closure is specifically that they inform the court that it is closed.

If my IP decided to talk to me again I would demand they go to same court and justify re-opening my case

Just thinking around this scenario for a moment:

I know that the current legal advice is that the IP has a duty to realise assets such as PPI for the benefit of the creditors -- many are doing this under threat of action from the creditors if they do not.

In a previously closed case the IP has issued a certificate, in fact a declaration, that all has been complied with and that he has no further interest in the matter.

I would read that as the case is CLOSED -- they cannot go back a re-open old cases. They are trying to, to prevent getting their own backsides kicked.

Personally, I believe the creditors cannot back track and apply current thinking retrospectively, so nor can the IP's.

IF -- and it is a big IF, they can be held accountable for closed cases, this is, quite frankly, THEIR look out, not ours!

Incidentally ... what is the IP definition of the word "Final"