www.iva.co.uk

Hi Everyone, forum newbie here[:D]

I have completed my IVA as of Dec 2015.

During my IVA I was asked to recover any PPI, something I wasn’t very happy to do, but I when along and they recovered £2500. I then refused to hand it over knowing about the Green vs Wright court case.

After completing my 6 year the IP informed me that I wouldn’t receive a completion certificate unless a waved my rights to the PPI.

In the mean time I got an aqua credit card and starting trying to rebuild my credit. Most of the companies within the IVA have been great, expect one who every month default me for not repaying my debt which was included with the IVA.

I’ve informed the IP but nothing has changed, and I don’t feel I can challenge them without my completion certificate. The court case was heard on the 15th Nov I hope but I can’t find any information on the outcome?

Any advice would be great thanks.

Hi and welcome,

You do need that completion letter otherwise your IVA will remain on your credit record. As regards the court case, it was heard but judgement has been reserved until probably the New Year.

You would be better signing a deed of assignment so you can close the IVA down totally.

Basically, and to be blunt, you are going about this the wrong way entirely. PPI is an asset of the IVA and belongs to your creditors, not to you. The ongoing case has no relevance as you have not completed, nor will do until PPI is sorted.

The default situation is normal. Creditors can, and do, report the default every month --- after all the loan IS in default, why should they not report it as such.

As well as refusal to hand over PPI the obtaining of the Aqua card could be deemed a breach as you are still in your IVA until such time as it completes (or fails).

The ongoing case was, again, deferred. This time for "further consideration". We do not yet know when it will be heard.

The Green v Wright case relates to PPI in cases that were shut without a deed of assignment having been signed. You could consider your own legal advice but there is also the possibility that your IP could fail your IVA for non compliance.

Oh dear... I feel a bit sick that I've have got right to the end of the IVA and have prolong it by another year, for no reason and might of put myself back to the start... I'm going to get it signed and sent back today.

Thanks for your help.

I am sure your IP will be glad to just get the deed signed and returned. Give them a call and advise it will be returned and they can then move to closure. It is lucky that they did not breach or terminate the arrangement so be thankful at least for that.

As the IVA is more than 6 years old now at least, when you get that certificate, it will drop off your files pretty quickly. Have a read here to get a heads up:

http://debtcamel.co.uk/repair-credit-record-iva/


Make sure any defaults are (were) correctly dated (don't worry about the current reports -- it is the initial date you are concerned with).

Send of the assignment docs and they will be able to give your your CC. If in doubt seek legal advice.