In April 2013, the RPBs, in collaboration with R3 and DRF, issued guidance on the treatment of PPI claims in personal insolvency ("PPI Guidance"). That guidance was subsequently subject to minor revision in respect of notification to HMRC. A recent review of the current PPI Guidance by those issuing this guidance indicates that its provisions are unaffected by the decision in Green v Wright. This guidance note is supplemental to the PPI Guidance and intended to provide clarification in respect of individual voluntary arrangements only.
This guidance is issued by:
- Insolvency Practitioners Association
- The Institute of Chartered Accountants in England & Wales
- The Association of Chartered Certified Accountants The Institute of Chartered Accountants of Scotland
- Chartered Accountants Ireland
- Association of Business Recovery Professionals (R3)
This guidance does not constitute legal advice nor does it seek to instruct or direct IPs in the administration of their insolvency cases. The bodies issuing this guide do not accept any liability in respect of actions that IPs may take in accordance with it, as it must be for each IP to be satisfied that his/her conduct meets the legal and professional requirements placed upon office-holders. However, notwithstanding the above, IPs should have regard to the regulatory as well as legal consequences of their actions.
This guidance covers the following matters:
- Implications of the decision in Green v Wright
- Is the PPI refund an asset of the arrangement?
- What is the effect on any continuing trust of the completion or termination of the arrangement?
- What are a former supervisor's obligations in respect of closed cases?
- Unexpected PPI claims in "full and final settlement" cases
- Documenting strategies, decisions and the reasons for them
- The importance of communications with debtors
- Future IVAs
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