Cleardebt completion cert.

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relieved33

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Post by relieved33 » Wed Jun 20, 2012 8:09 pm
Not sure about legally but morally "forcing me against my will to sign authority for a claims company to make a claim for miss sold ppi?" does not sound good. Not too sure how that will stand legally though as I assume that they did not literally hold a gun to your head to force you!

The tone of the letter that I received did imply that they have a legal obligation to investigate all potential claims on the creditors behalf before creditors would be satisfied to write out tens of thousands of pounds (in my case anyway)of money that they had loaned in good faith.


I guess, as with most things, it's your own perception. My view on it is that cleardebt have helped me immensely with a problem that was way to big for us to handle. We had a 6 figure combined debt that we were unable to pay. If we had entered our own arrangement through a DMP, even with interest frozen, we'd have been paying for decades or taken on an additional mortgage! If it takes a few extra months at the end to sort out the technicalities, then so be it - it's a lot quicker than it would have takn me to solve the problem without their help as for professional reasons we wanted to avoid bankruptcy.
 
 

Heretoday

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Post by Heretoday » Wed Jun 20, 2012 8:19 pm
Maybe not a gun but sign the forms or we will fail the IVA that you have made 72 payments to was the gist of it!

Yes it may be personal perception, but my perception was that it was a threat, it was intimidating and was blackmail as in do what we say or else!
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

kieser

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Post by kieser » Wed Jun 20, 2012 8:23 pm
I find this ineresting as i asked this a couple of weeks ago,i am with cleardebt & are last payment is due next month.I dont want to go down the route of ppi as i know i never had any.i emailed my ip the other week to ask how long my completion would take after my last payment & this was the reply

In regards to the completion of your arrangements, once the last contribution in July 2012 has left your account then you need to cancel your standing order.

At this time is will put your IVA’s into pending completion status which means that you will receive a letter asking for your authority to act in regards to investigating possible miss-selling of PPI.

We are investigating the possibility of miss-selling of PPI for all of our clients but the Arrangements that are in pending completion are being made a priority. However we cannot put a time scale on how long this investigation will take.

I will be drafting your annual report documents in advising your creditors that all your obligations have been met but that the IVA’s will not complete until our investigation is complete. If we do recoup any monies from PPI then the funds will be added into your Arrangements for the benefit of your creditors, but the first £500 will be given to you as a good will gesture.

Once our investigation is complete you will be issued with your completion documents and a certificate of compliance as evidence that all of your debts are now satisfied. All of your creditors and the court will receive the same documents.

Im absolutely enraged about this.I have been to hell and back over the last 6 years & have paid my dues.all our payments are up to date and i want this completed in the earliest date as i want to conclude this part of my life.

Why is this being left until the end of my iva,this has been known about for ages now so why didnt they sort this out months ago so that my iva would be completed when i had finished my last payment.

I find this totally unacceptable & seeing as i have completed my 6 years & paid my dues why do i have to wait until god knows when to finalise my iva.
 
 

relieved33

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Post by relieved33 » Wed Jun 20, 2012 8:28 pm
As I said on an earlier reply, I do not know the legalities of this and I am just going from memory. I do not think that it is a case that Cleardebt will fail the IVA - they would gain nothing from allowing that to happen other than an unhappy customer - but it is the case that your creditors will not sign off and agree to wipe-off the difference if your IP has not acted with due diligence and persued any potential claim. This would mean that the IVA would fail as you have not kept to your part of the bargain about in-hand assets ot whatever they are called. I guess they are stuck in the middle of clients wanting the thing over (as I do!!) and creditors wanting as much as they can get. I am sure Mike size5 will sort out what needs sorting and I hope that he corrects me if I'm wrong!!

Six years is a long time - our three years so far seems long, but you're so close. Good luck with it and I hope that all is resolved quickly.
 
 

relieved33

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Post by relieved33 » Wed Jun 20, 2012 8:31 pm
What I do not understand is why you've only just been notified about this and I have a letter months ago that I cannot find (filed somewhere safe[;)]). One would presume that it was a mail shot sent to all at the same time. We've always been with cleardebt although I know they've taken over some other cases so perhaps this is the reason??
 
 

KM1512

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Post by KM1512 » Wed Jun 20, 2012 11:55 pm
I am also with Cleardebt and have been from the start of my IVA, I have aways found them so helpful and glad to answer any question I have no matter how silly it may have been. I to received a letter from them April time to say they would be contacting me about PPI claims but I still have 14 months to go so hoping it will be deal with before completion hopefully size5 will be able to sort this out of you and everything goes well.
 
 

Muggins

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Post by Muggins » Thu Jun 21, 2012 6:58 am
Why do you need to go through a company to claim missold ppi! There are template letters on martyn Lewis website which you can use! For those of you who are not yet near completion do this yourself! I cannot believe how much these companies are taking from the ppi claim! Surely it is in the creditors best interests for them not to give up to 40% to a third party! The return dividend to themselves will be far greater without this! Surely clear debt cannot prevent you from doing this!!
 
 

orchid5

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Post by orchid5 » Thu Jun 21, 2012 8:15 am
i wasn't going to bother with the damn PPI Franky but unfortunately DFD had other ideas and to have come so far with my IVA i didn't want anything to cause a problemw with my IVA, also a lot of us were told that this could be seen as not complying so really many people have done this to ensure a smooth running of their IVA, with hindsight, always a wonderful thing, i should have done this myself, i'm sure i could have done a better job than the company that was chosen by DFD.
Om shanti, namesté, good luck to all who are embarking on the IVA journey, it isn't always an easy one but the outcome is the best.

IVA COMPLETED August 2012, received Completion certificate 18.4.13.
 
 

Michael Peoples

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Post by Michael Peoples » Thu Jun 21, 2012 9:00 am
It is fine to reclaim the PPI yourself but there is no incentive for clients to do so unless they have repaid in full and thus get the money. Most clients would not reclaim the PPI, the IPs are not licensed to do so therefore agents must be instructed.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Muggins

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Post by Muggins » Thu Jun 21, 2012 9:16 am
There is an incentive with this company Michael as it would appear that they are delaying completion! Are they legally able to say that they will fail an iva if poi is not claimed? If this is the case why are some companies telling the client that it is up to them as to whether they fill in the claim forms or not and it will not prevent completion of the iva! Surely it this was the 'law' then all companies would be doing the same thing! Would it really stand up in a court to fail an iva when the client has paid up to 72 months! Also if they fail the iva would the debtor be able to ask for all monies paid into the arrangement be paid back to them including fees! Sorry but it's just what I have read!
 
 

size5

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Post by size5 » Thu Jun 21, 2012 10:52 am
Morning everyone.

I cannot comment on a public forum about the finer details of this case, but I can say that a full response has been sent to the debtor by e mail.

In very general terms, there are certain types of policy, if sold in a certain way and to certain individuals which can be deemed to have been mis-sold, regardless of any reluctance by a debtor to make a claim. There is a possibility that this may well have happened in this particular case, and as such a Supervisor has an obligation to investigate, and, if proven, realise the claim for the benefit of all creditors concerned.

As far as timescale is concerned, ClearDebt would prefer greatly that any and all claims were resolved speedily, but this is sometimes out of our hands. How long a claim takes to settle is down to a combination of factors, speed of response from creditors, speed of response from individual debtors and also the compliance of the debtor. A delay in any of those factors will inevitably have a knock on effect and mean that a claim will take longer to settle. In this case there have been such delays I’m afraid, but, after a further check, the account numbers provided by ClearDebt and the claims company are correct. It is unfortunately beyond our control to ensure that creditors respond appropriately and in a timely and competent manner.

The issue has been raised with creditors and we hope for a swift and satisfactory conclusion to this matter.

Regards.
Cert DR
23+ years in debt advice
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Muggins

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Post by Muggins » Thu Jun 21, 2012 11:02 am
I truly believe that there may eventually be a legal loophole which will enable those who have completed an iva to claim and keep these monies! I'm not saying that it will be morally right but look at the ppi issues! No banks etc would have believed that they would end up paying all this back when introduced all those years ago! I'm wondering whether this is why some companies are almost scaremongering vulnerable clients into claiming this back! The fact is not only does it provide monies to the creditors but also ips and claim companies too! I think we need to get martyn Lewis onto this one!! ;-))
 
 

size5

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Post by size5 » Thu Jun 21, 2012 12:50 pm
Martyn Lewis knows less about IVA's than my cat, I've always said that he should stick to Air Miles and Nectar points.

Mind you, he has done very well out of his site so fair play to him there.

Regards.
Cert DR
23+ years in debt advice
I do not post for anyone other than myself

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Adam Davies

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Post by Adam Davies » Thu Jun 21, 2012 1:02 pm
Hi
That made me chuckle Mike............I bet you cats not a millionaire though ??

Regards
Andam Davies
 
 

Muggins

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Post by Muggins » Thu Jun 21, 2012 1:51 pm
Ha ha! That made me chuckle too! I bet he didn't know much about ppi either!!!!!! ;-))
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