Refunds for mis-sold products, irresponsible lending complaints and redress schemes, such as the car finance commission scheme, can involve significant sums. If you’re in an IVA, there are rules about who that money belongs to.
The short answer
- Refunds and compensation are often treated as assets or windfalls in an IVA.
- Claims about borrowing from before your IVA often belong to creditors.
- Your insolvency practitioner may pursue the claim on your behalf.
- If a refund relates to a debt in your IVA, it may be offset against that debt.
- Tell your insolvency practitioner before using a claims company.
Why might a refund go to my creditors?
When an IVA is approved, rights to claims that existed before it started can form part of what you’ve offered creditors. Your IVA terms set out how refunds and windfalls are treated. Many IVAs include clauses about mis-selling and similar claims.
What if the lender owes me money and I owe the lender?
If a creditor in your IVA owes you a refund, it may be set off against what you owe them, reducing the debt rather than being paid to you.
What about car finance redress?
If you’re due money from a car finance commission redress scheme, tell your insolvency practitioner. Whether it goes to the IVA depends on when the agreement was taken out and your IVA terms.
What about after my IVA ends?
Some IVA terms continue to cover claims relating to the IVA period, even after completion. Check with your former insolvency practitioner. See also IVAs, windfalls and inheritance.
Common questions
Do I have to tell my IVA company about a PPI or mis-selling refund?
Yes. Refunds can be treated as assets or windfalls, and not disclosing them can cause your IVA to fail.
Can I use a claims company during an IVA?
Speak to your insolvency practitioner first. They may handle claims themselves, and claims companies take a large fee.
Will a refund end my IVA early?
A large refund could help settle your IVA early, depending on your terms. See how to exit an IVA early.
How IVA Advice Online can help
Every situation is different, and an IVA isn’t right for everyone. We can look at your income, spending and debts with you and set out the debt solutions you could qualify for, including options other than an IVA. To talk it through, get in touch.