company forcing delay of iva due to ppi claim

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upset iva

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Post by upset iva » Sun Apr 15, 2012 3:51 am
My Company DFD are threating me with delay to completion of iva. Even though my extension of completion was agreed in march by all my creditors because of no equity in property , and in conversation and confirmation with DFD at that time that iva would finish dec 2012 originally due to finish june 2012. I have always kept payments to date and have sent in relevant papers for reviews , and the only clause i can remember in contract was the extension if no equity in property .
I have informed them that as far as i was aware ,if i did take out any ppi though can not rember because i had so many creditors and it was over 4 years ago , that i was not mis sold any ppi .
Now they are saying that they will have to discuss this with the company they recommended , and then go back to my supervisor .
But can they legally do this ? , as final agreement was made in march and agreed with all creditors 100% .
Can we complain or take legal action against this , if anyone out there with any info , would be appreciated as i think that this is wrong
 
 

Chris78

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Post by Chris78 » Sun Apr 15, 2012 6:29 am
I am not saying that it is right, but I would have thought that if you give them permission now the PPI claim will be wrapped up one way or another before December. From this point of view, better now than in October!
 
 

kallis3

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Post by kallis3 » Sun Apr 15, 2012 8:08 am
Unfortunately they can do this but, if you genuinely feel that you weren't missold then make sure you tell them. If you apply for it it could be tantamount to fraud so make sure you tell DFD this.
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upset iva

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Post by upset iva » Sun Apr 15, 2012 5:14 pm
i am willing to sign a letter to state that i will not claim for any ppi for the period of start of iva and for up to two years after end of iva .
Do you think this will be acceptable .
Also surley as i have stated above that if all parties including DFD singed and agreed to extension of iva by six months , then surley this is a binding contract as there is no mention of ppi claim in final variation report .
it states in letter Resolutions were approved as set out in report .
Is there any sort of ombusman we can go to ? .
 
 

Foggy

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Post by Foggy » Sun Apr 15, 2012 5:43 pm
Just playing Devil's Advocate, upset, why limit claims to two years post IVA. Surely if your contention is that there is no mis-sold PPI on the loans included in your IVA then the intention not to claim PPI post IVA should be absolute, not time limited.

Ulimately you can go to the Financial Ombudsman for a complaint to be investigated, but you will need to exhaust the firms in house complaints procedure first.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

MelanieGiles

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Post by MelanieGiles » Sun Apr 15, 2012 5:48 pm
Your IP are doing nothing wrong in exploring whether there may be a PPI claim to pursue for the benefit of creditors. However, if you are adament that you nothing was ever mis-sold to you, and sign a confirmation that should something spring to mind in the future that you will agree not to make any claim, then I don't see why your case cannot be closed on time.

I doubt that the FO will feel that your IP is doing anything wrong in pursuing this matter - IPs are actually being actively encouraged to proceed in the manner yours is doing.
Regards, Melanie Giles, Insolvency Practitioner
 
 

ginger3232

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Post by ginger3232 » Sun Apr 15, 2012 5:49 pm
Agree with Foggy - if you going to write a letter - explaining you have no PPI valid claim, you may find it would invalidate a claim post IVA anyway -as long as you dont lie on any forms let the IVA waste money and resource searching a claim - that you dont have.

If you have concerns or complaint with your IVA company - use the in house procedure first - otherwise the F Omb will likely bounce the complaint back.
 
 

upset iva

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Post by upset iva » Sun Apr 15, 2012 6:46 pm
Thanks to all of your advice from everyone , i only gave two years after completion as an approx ball park figure .
I have no wish to claim for ppi at anytime , as i had so many creditors ( as it was a joint iva) and most of them for a number of years that i could not say for definite if i was missold ppi . Most of the time when i took out credit ppi was discussed and we did agree to them to protect ourselves.
It is stressful that you comply all the time throughout the iva , and the threating way they word the letter , and attiude when you ring them up to discuss matter . I thought that these firms DFD were supposed to be helpful and supportive of you / to relevie your stress and worries as they state in there advert .
 
 

the mad hatter

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Post by the mad hatter » Fri Sep 07, 2012 5:49 pm
its all very well saying that the ip looking at your ppi is ok but the judge that ruled on the ppi at the high court said the miss payments should be paid back to the claiment !!! surely there is a conflict of intrest ????
 
 

Foggy

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Post by Foggy » Fri Sep 07, 2012 6:17 pm
Hi Mad Hatter -- not really any conflict. If you wish to follow procedure to the letter ... as per the Judge, the PPI is repaid to the claimant ( being the debtor ) -- so all good there .......

.... then, as per the IVA agreement, the refund, being an asset of the IVA has to be paid to the IP ....

...same end result, just more long winded.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

sponge

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Post by sponge » Fri Sep 07, 2012 6:38 pm
Upset.iva please read my posts re PPI rest assured you have nothing to worry about, just stick to your guns if you were not misold PPI they will back down, they have little choice.
My wife has PPI and is very happy with it, suits some and not others Melanie can you expand on "IPs are actually being actively encouraged to proceed in the manner yours is doing"?
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