Barclays ppi

[Roy2911]

Hi

I have just received a ppi upheld claim from Barclays today for £3,799.72 this PPI was on a overdraft protection i had with them. from 1999 - 2008

Question:
I was in an IVA up to last September 2013 and received my completion certificate( IVA Dates -September - 2008 - August -2013 - 5 years)
The letter from Barclays mentioned that there records indicate that I am in an IVA, ( I am not) Therefore there are saying that the refund will be made to my I.P
After looking at my completion certificate there is a paragraph that says

The debtor has fully complied with their obligations under the IVA. However following the variation approved by creditors on the 30th November 2012 the supervisor has retained the power to deal with any vat recovery and any pending ppi claims post closure. If additional funds have been received the supervisor will make a further distribution in due course, in line withe the terms of the variation.

I have spoken to Barcalys who have asked me to send the certificate to them.

Thank you







Thanks for your time

Since the PPI was pre the IVA am i entitled to keep this refund?

[di30]

Re: Barclays ppi

Bumping for Roy.

Can anyone confirm if no longer via IVA if the PPI compo should be refunded back to the customer please?

Thanks.

[loulouxx]

Re: Barclays ppi

Hi! Speak to your IVA Supervisor. I have found the following on the FOS website that gives some information on how redress for an IVA is given but it does state that IVA conditions are specific to each person. Here it is hopefully itll help.
Individual Voluntary Arrangement (IVA)

As an alternative to bankruptcy, some consumers who are significantly in arrears with various creditors enter an Individual Voluntary Arrangement (IVA). An IVA might affect the consumer’s position as far as any PPI redress is concerned, but that will depend on the terms of the IVA.
IVA supervisors often ask for the redress to be paid to them to distribute amongst the consumer’s creditors. Whereas businesses usually want to use any compensation payable to deal with what the consumer owes them first.
Unlike bankruptcy, the consumer’s assets do not pass to the IVA supervisor when the consumer enters the IVA. And an IVA is particular to a consumer, so we will take that into account when deciding what is fair and reasonable.
We will look at the terms of the IVA to see if it has provision for any payment from a creditor – like PPI compensation – to be paid to the IVA supervisor. If a business intends to set off any PPI redress against a consumer’s debt when that consumer is in an IVA, it will need to satisfy itself – and us – that it has the right to do so, and that it would be fair to the consumer.