Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
You need to check the wording of the Deed of Assignment.
It should be on the basis that they can ONLY claim back the mis-sold PPI, so check the wording
Once you are discharged, that is it - you have completed the IVA.
Any debts you have are written off and they have NO claim on anything else such as pension etc.
Even if you win the lottery after being discharged then they can NOT claim anything.
Once you have completed - that is it - too late to do anything
Can I clarify anything for you about this today please?
Hi Alex, The Terms Agreed within the "Deed of Assignment" document certainly did not mention anything about release funds from equity. However, it is the "Variations of Terms of IVA" which I am worried about. I don't trust and claim I can understand all of it thoroughly because there are embedded some legal terms which just go over my head. I have attached the scanned documents here if you feel you can make the time to help me screen through it to ensure they are not given the power to change the originally agreed amount simply because the equity of my property has increased over the last 4 years. I am prepared to compensate the extra time and effort (if you can make it) with additional fees at your professional rate. But if you can't it is fine, not to worry. Kind regards, David.
I should say that this site is not designed for in depth legal advice and if you are in any doubt then you should take independent legal advice.
But I would agree, it does not say they can take equity
If you are not comfortable then dont sign it - they cant make you.
Does that clarify?
Hi Alex, thanks for your contributions.