Like lots of other people, I have had a fantastic IVA experience with Cleardebt. I really cannot praise them highly enough.
However, again like lots of other people, I am having difficulty in receiving my completion certificate (I completed my IVA last year) due to ongoing PPI issues.
I received a home visit from a DRSP rep in December 2012. Since then I've had countless phone calls and forms to complete (often for the same claims/companies) over and over again. I had another phone call today to let me know that even more forms were being sent out!
When I asked how much longer this was likely to go on I was told a minimum of another 18 months!! By that point I will be two years post IVA completion!
My question is, hypothetically, if I have a windfall before my completion certificate is issued, will I have to pay it to the IVA?
Cleardebt are being badly let down by DRSP and spoiling what has been such a positive experience before DRSP got involved
Most IP's take the view that, after meeting your responsibilities under the IVA, if completion is only being delayed by outstanding PPI, then they will not hold you to the windfall clauses ( some, like GT, will still hold you to these clauses). Only your IP can confirm which way they approach this matter.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Although not at the end of my IVA, my PPI story is similar to yours poppy. 20 months, no end in sight. There has not been any disputes that require the Ombudsman, so what is the delay!
Agree cleardebt been fantastic.
My obligations WILL end at the end of my agreed term, and they will need to fight that in court if they disagree. However, I am sure David Mond (IP) has clarified my understanding is correct.
DRSP are the worst of a bad bunch of leechers.
I was practically FORCED to use them via Cleardebt and threatened with all kinds of non compliance if i didnt.
So far and 5 months in its been a joke, i am doing the work for them and they will still take their 33% for doing nothing but sending on the standard letters they make me sign.
Dont be forced into using them, do it yourself. I am sure the IPA wouldnt like to to hear the calls my IP made to me with the threats of IVA failure if I didnt use DRSP.
Bear in mind Cleardebt and DRSP are linked, just a quick look at companies house and you will see a secretary resign from one and become a director on another....
Last edited by deanwinchester on Tue Jul 08, 2014 4:37 pm, edited 1 time in total.
This does seem a very long time for PPI claims to be sought out and dealt with - have any of the matters been referred to the Financial Ombudsman do you know?
I have too been going through this since Dec 2012 there seems to be a few of us from this time! I have sent more forms back again today, just praying that it will be done and dusted by the end of the year, I think 2yrs is ample amount of time for DRSP to finalise any possible PPI claims!
Poppy – where a completion is delayed solely due to awaiting realisation of compensation for mis-sold PPI, you will have no further obligations as far as the IVA is concerned save for continuing to comply with PPI investigations.
As such, no further contributions or I&E reviews will be required; no windfalls are required to be paid in.
Without seeing your case I cannot confirm one way or another but were you definitely not advised that it could be up to 18 months if FOS have to be used?
I can’t off the top of my head think of any circumstances where a minimum timescale of 18 months would ever be quoted.
If anyone has any issues regarding any agent acting on my behalf, please email me your details so that it can be resolved.
Regards
David
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.
Having made my last payment at the start of the month to cleardebt I thought I had better call DRSP re outstanding PPI claims and haven been told all is passed and cleared for me. I guess some claims are more straight forward than others! I have had great service from cleardebt all through and feel as if it has been one thing after another with a variation, reduced payments, missed payments etc so have had many calls and emails. Not really had much to do with DRSP except for piles of paper but telephone call today was great.
I too am still in the middle of the DRSP problem, yet again today I received more papers to sign, these were signed 20 months ago, I received a letter from one of my creditors 6 wks ago telling me they would not deal with DRSP as they had not received paperwork and that they would only deal with me and in that time I have had 2 more letters saying they were nearly finished. However the letter I received today related to the same account and when I rang DRSP and they told me to sign paperwork and send back to them! It is driving me mad that everytime you phone them they tell you that it will be concluded in 4 wks and then you never hear from them again until you need to sign more papers for the millionth time. I really do think 20 months and counting is not good enough especially as I have had to leave work to care for my disabled husband and although Cleardebt have been fantastic we are really struggling to keep our IVA on track for our remaining 5 months and could do with our £500 promised out of our PPI claim.
