CreditFix problem

[thisusernameistaken]

Perhaps Melanie should've reread her comments in this thread before selling us on to CreditFix:

http://www.iva.co.uk/forum/topic.asp?TOPIC_ID=8562

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

If you feel that you are getting poor service from this company now, then are your sure that these are the people you want to entrust your financial affairs into for the next five years. I suggest you get a couple of other opinions with regard to your options.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[hubert]

PPI claims, along with any other "windfalls" are considered and after-acquired asset.

Terms and Conditions (published on CreditFix's own website):

-----------------
14. After-acquired assets

14(1) Subject to the following sub-paragraph, the Supervisor may claim as an asset of the arrangement any after-acquired assets. Any such asset will be subject to and be an asset of the arrangement.

------------------

An asset the supervisor does claim is then subject to the arrangement.

The critical word here is may. It is not will, it is may.

If the supervisor may do something, it is possible of course they may not and it is their choice.

Therefore, by CreditFix's own published terms and conditions on their website they are stating it is up to the Supervisor whether or not they claim an asset. Mel was the supervisor at the time and made that decision and CF's published terms and conditions state she had the power to do so.

My T&Cs have the very same wording in.

Best of luck.

[hubert]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Rock20



...

They will suck you dry given half the chance, and then spit you onto the rock road of Bankruptcy.

I am not aware of anyone who received a welcome letter - this would cost money after all - not what Pearse Flynn is about!!

...They would fail your IVA in has many minutes given half the chance.

Sorry but I think your post is a bit extreme. Lots of us received welcome letters and indeed phone calls.

There is no evidence to suggest that they want IVAs to fail, that doesn't make sense.

There are problems with Creditfix and we are all feeling it but please, let's stick to reality. There's already enough fear on here.

[Rock20]

Hubert

The telephone conversation I had with one of there representatives is what my statement is based on. There belligerent stance is only too evident in the emails they have sent to me when asking about a F&F.

I agree they probably don't want IVA's to fail, but if you hit a sticky patch don't expect them to hold your hand through the tough times like PJG would have.
I have first hand experience of this!!

[abbiesmum2003]

I agree theyre not going to have that personal touch that Mels team gave us and who would be supportive, prompt and helpful during tough timeshowever its surely not in anyones interests to fail the IVAs or to make us BR.
I think until weve had some actual comms from an IP (not just an email saying 'she said....) we need to hope theres some element of common sense, decency and above all she is required by law and by her code of conduct to follow the rules too. We know alot more about running an IVA than i think they realise we do. Mel made sure we all knew the do's snd donts and through this forum we have learnt from others experiences. CF are possibly causing 850 others huge headaches and concern because theres only so many of us on this forum. We all have a clearly defined I&E within allowed guidelines and unless theres massive changes in income I cant see how they can try and deny whats previously agreed and legitimate. I dont think they expected to be hit with such defiance but this is our future. Thisis our life and we are trying to do the responsible thing to get back on track. To them we are a number. We have debts and they want to milk every penny for themselves.

[Rock20]

Well put abbiesmum.

[jmf293]

Abbiesmum,
You speak a lot of sense.

Hubert,
Your post is very helpful. CF are saying that Mel had no right to make the decision about my PPI, but what you've found obviously contradicts this.

Two things are certain:
I will not be signing CFs T&Cs (or MVM as they call it)
I will not give up my £800. I will take CF all the way to court if necessary.

Like Abbiesmum says, we know a lot more about IVAs and how they are SUPPOSED to work than CF think.

Many thanks for all comments so far.

[thisusernameistaken]

I've been thinking about CF and them pursuing PPI money. Thinking back, one of the resolutions in the variation agreement they asked us all to sign specifically covered giving 'authorisation' to the supervisor to investigate - in fact, checking back, it's the very first point:

1. The Supervisor is authorised to investigate any PPI claims and to realise the same for the benefit of the arrangement.

from here: http://www.iva.co.uk/iva_sitemap/CREDIT ... _68364.asp

Now I've not signed or returned the paperwork agreeing the resolutions and requested variation to the agreement; are CreditFix even legally in a position to go off hunting? I've not authorised them to do so, or agreed to any of the increases in their fees and as an extension of that I've not agreed to them 'realising' money from any PPI.

The other - CRITICAL - consideration I have is that in order to be able to claim for PPI refunds, it has to be shown that the PPI was mis-sold. Prior to any refund being made, surely they must check with me whether I was aware of the PPI element of any borrowing - if PPI was not mis-sold then it is not right that it be refunded.

Are CF automatically assuming that ALL PPI for their clients was 'mis-sold'? To do so would, in my view, be fraudulently claiming a refund.

As it stands I've not authorised them to look. Do they take any money from my IVA contributions for doing so or is it done on a 'no-win, no-fee' basis by an outside company?

[Rock20]

We have Clifford Watts investigating our PPI claim, and will certainly not sign the new T&Cs CF have asked for.
I spoke with Clifford Watts prior to Xmas, and was told Melanie will still continue to investigate any PPI claim we may have.

[grimswold]

Us too, she is ringing Nightowl on Monday to let him know how far along they are. Incidentally, when I mentioned this to CF the rep (James someone or other) said if we let CF know that CW were doing our PPI CF would pay the cost??? I was also told that even though someone else was investigating it, CF intended to take it on anyway.

OH NO YOU'RE NOT..... CW are doing a perfectly good job and when I spoke with them about six weeks ago had definitely made inroads.

[Lou74]

Melanie is investigating our PPI too through CW. Cf told us that it was fine for them to do it, and if they sent written notification that it had been done, that would be sufficient to conclude my IVA. They didn't say they would be investigating it too.

[Ox1987]

I am confused though I have contacted PJG and am awaiting a response this week.
I have heard nothing from CF as you all have. My F&F IVA was agreed 18 months ago and we were waiting for PPI (by CW) to be concluded to close the IVA.
I have had issues getting a new job with it on the insolvency register so keen to conclude this but after reading this for a week or so I am very confused and don't know where i stand.

[hubert]

I am now with Creditfix but still on PJG terms and conditions.

There's nothing in my paperwork about PPI claims.

Am I obliged to investigate them or let Creditfix do it?

[harrysmummy78]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by hubert

I am now with Creditfix but still on PJG terms and conditions.

There's nothing in my paperwork about PPI claims.

Am I obliged to investigate them or let Creditfix do it?

Clifford watts had started mine after my first review so have continued with it, I emailed CF and they replied to say that was fine however they will also investigate

[grimswold]

Watch out for costs, Harrysmummy. When I spoke to them about this matter they asked me to get a letter from CW to the effect that CW are doing the PPI and THEN THEY WOULD PAY THE COSTS