This is with David Mond to clarify, however I had a lengthy conversation with DRSP who did clearly state the SAR was to identify all accounts IE any additional agreements I may have had previously and not necessarily within the IVA.
DRSP advised that all would receive a complaint letter as they could not rely on the SAR to clearly reveal if PPI existed. This is certainly how I understood the conversation but stand to be corrected. I never believed I had PPI from the onset so good luck to them. My only concern is to receive my CC and hopefully this is the beginning of the end. Previous posts & communications from by Clear debt have always stated the reply to the SAR was the finishing line.
I await feedback from Mr Mond who is now on the case and will speak to DRSP for clarification.
Claims are not being submitted where PPI mis-selling clearly does not exist – I believe there may have been some mis-understanding.
There are some interesting questions raised however regarding the validity of the SARs process which I am currently looking into.
Obviously, it is not practical to check line by line through a full 6 years of statements for each and every debt given the time and resource this would require. However, most creditors agree to provide what is in effect a SARs lite which should give a breakdown of all accounts ever held by an individual with that organisation and details of whether or not PPI was ever included within the debt.
Off the back of these reports I am aware of numerous claims which have been rejected as having no PPI despite the SAR stating the opposite; we have also had cases which have come back advising that PPI is not present despite a credit agreement showing otherwise.
In other words, although the SAR is very useful (in most instances) in identifying any accounts held with a specific creditor, the information returned by a number is something of a mixed bag and you only need to look at the FOS uphold rate that a number of creditors have to see that they are rejecting valid claims.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
"Guidance was issued to all IPs by their regulatory bodies last week as to how PPI should be handled within IVA cases. Within the guidance is a section on case closures, confirming that closures should not be held up for the sake of IPs pursuing PPI, as this can be done outside of the IVA so long as all documentation is provided by their clients."
So maybe I am approaching finality, however it is the case that I have provided all the relevant documentation yet my case closure is on hold while my IP pursues PPI? Is the guidance just guidance or are IPs under an obligation to amend their processes?
Are DRSP claims management actually a subsidary of cleardebt? Im having trouble getting through to DRSP to get an update of my case after completing the paperwork in December.
Guidance is just guidance at the end of the day, but if an IP acts against the guidance and a client files a complaint then they will be judged on that basis.
I cannot imagine that any IPs out there want to deliberately not close cases. For most of us that is the ultimate aim, and very much the aim of ourselves and our clients.
I am not aware that there is a link between DRSP and ClearDebt - if there is this would need to be fully disclosed to you so as to be transparent and compliant.
Thanks Melanie
Its just that there is no information on DRSP when I google them at all and they are registered at the same address as Cleardebt on companies house website?
I have emailed my case officer for some info and an update
As per Melanie’s post, DRSP are not part of ClearDebt.
ClearDebt are members of the trade association The Debt Resolution Forum and I myself am a Chartered Accountant and my Insolvency Licence is issued by the Insolvency Practitioner’s Association (IPA).
The IPA contact details can be obtained by following this link -
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
