My creditor have agreed on final payments now and so I do not see why I should claim any PPI back that then goes to the so called creditors as they will be already paid then the only person that's befitting is GT!
We have had not letter yet but will not be signing anything been 15 month since we paid are final payment and still waiting for CC.
Hi Hellena, I believe that until you get your CC you can still be asked to claim back PPI / bank charges, failure to comply can be seen as a breach even if you have finished making your payments. Ultimately until the creditors have been paid 100% and the IP's fees are covered the IP still has a duty to claw back as much as possible no matter how long it takes..
I don't understand the logic in your post Hellena sorry. The main beneficiary to the PPI monies is the creditors - and it is the IPs job to pursue assets, where PPI claims are rightly deemed to be assets within the IVA - whether it is open or closed.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles
I don't think that is actually right nickjohn - if the debtor has paid all of their payments and complied with all of their obligations, then I do not believe a Supervisor of an uncompleted IVA can claim windfalls correctly. If this does happen, then legal advice should be sought.
I was specifically told by GT that windfalls will be captured in the period between final payment and formal completion ( that darned certificate). As, in my firm's case, this period can stretch up to a couple of years and with an 89 year old da, it is a worry, so I asked !
However, many IP's / firms do tend to release you from thes ongoing obligations once you have made your final payment and complied with all obligations.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
If this ever happens to you Foggy, which I really hope it doesn't, you should seek legal advice. My own advice is that this would not form a windfall, and I would expect the Courts to agree as well.
Ref the above we did claim PPI but all paid to offset debts so I will not be signing forms to enable gt to have rights to claim any other assets that may appear in the future it's just greed! If any more money comes back it puts us in credit so not there money any way.
I have no objection to the iva supervisor doing there job but we complied to are iva by paying it of never missing any payment and never asking for any other help. I do not understand why it has taken this long and an estimated upto 12 months from now for the to send my cc to me after all they have had agreement from all creditors that they agree will final payment why keep drawing it out!
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles
If this ever happens to you Foggy, which I really hope it doesn't, you should seek legal advice. My own advice is that this would not form a windfall, and I would expect the Courts to agree as well.
Mel, he has the proverbial 9 lives, so I hope it doesn't arise for a good few years yet.
However, seeking legal advice whilst in an IVA isn't really an option.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Got the opt out form today signed and sent back compared to GT forms this one was simple in its wording.
1) That to the best of my knowledge i have no PPI to claim
2) I will not now or in the future be claiming PPI.
No sign away your life, no revoking of your rights to privacy, No open ended claim clause.
Then long winded section making the usual failure to sign this will be a breach and fail your IVA etc etc.
Well it wouldnt be a Grant Thornton Letter if it did'nt try to bully and frighten you at least once.
BTW the 0800 669 6091 number seems to direct to the office and they answer within seconds every time ive used it one well worth keeping in your diary.
Time to end of IVA 0 days
Time to end of GT dealing with it...CC recieved after a battle royal !!
I agree viperboyz - is this the same form which gives you an individual PIN, etc? I am with the same bunch and, to be honest, I am beginning to regret using them for many reasons. I had a stand-up row by e-mail with them about a payment they tried to take (within 5 days of being paid by debit card) from my bank, which flopped - ha ha ha - teaches them to be b***** greedy! I have told them not to even attempt to take by direct debit again and have cancelled the direct debit to them at my bank - if they think they can have one over me, bad luck.
Another interesting point to make is this: in July last year, they sent a form to every client of theirs asking if a company called 'EIC' could assist in making claims for PPI payments. I told them that this would not be necessary, and for them not to share my details with them. I also told them that if EIC did contact me, I would know how and why, and sue GT's ass for breach of D.P. I flaming would!
Hayley you make an interesting point
eic have pursued claims for me for unfair charges something I only found out about when I logged my own ppi complaints with egg and barclaucard and they told me all about it gt never told me and its not on my annual review. am I right in thinking that gt were not allowed to do this as I did not give my permission to forward my details to eic I had never heard of them until a couple of weeks ago
This letter re PPI's to those who have never had one on a previous loan, etc, must scare the pants off those who have got debts and are in an IVA.
If I were to win the lotto (yeah, right), then the first thing I would do is pay off the IVA before doing anything. Similarly, if a relative were to leave a substantial amount to me in a will, I would do exactly the same. IVA companies cannot assume that everyone has got or expects to get a PPI. I was also told a few years ago that anybody in an IVA could not claim for PPI, anyway.
GT sent a similar form to their clients in July 2012, but on that occasion they mentioned using a company called EIC to get PPI payments. I told GT that I have no need to call or be called by EIC, and if they were to give my details to the company concerned, then I would threaten them with the breach of the data protection act, etc. That told them. If I don't agree with something, I say something.
You might find that DP doesn't apply, as you probably signed an authority for them to discuss all of your affairs with creditors when you applied for the IVA. Just a guess, mind you.
IP's don't assume everybody has PPI -- but it is their duty to investigate. Incidentally, I swore black was blue that I didn't have any PPI --- never taken it out .... they found over £8000 worth !
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Tracey - the ball is in your court - they had no right to involve EIC without your consent which, to me, they have clearly breached. Seek legal advice at the CAB for breach of the data protection act. Any financial institution be it a bank, etc, cannot give your details to anybody else without your consent. Scare GT with this and say that as they have clearly given EIC your details, you are within your right to seek legal advice for the data breach alone. And as you are a clearly dissatisfied customer, threaten to cancel the direct debit to them and do it.
I had reason to do so recently, and they knew damn well why. I told them I will pay them when I am ready - and not when they want to take money. I was so furious with them...
