EIC harrassment after IVA Completion

[kittyface]

Hi

I hope someone here can help me. My final IVA payment was made in July 2011. I had a variation regarding releasing equity in my house which the creditors agreed to waive due to the current economic/housing situation. I received my completion certificate in late Summer 2012.

However, without any further contact from GT at all since I received my CC, I have had 17 calls over 3 days from an unknown number, leaving EIGHT answerphone messages in 2 days (which cost me over £3.50 to listen to on my PAYG mobile), telling me that GT have given them my details and I must contact them 'at my earliest convenience'. Upon Googling, I find this is the infamous EIC and that led me to this forum and several others discussing their involvement with chasing PPI & bank charges.

Can anyone help please? I have a number of questions:

First of all, how have they SUDDENLY got my details at least 6 months after completion when I haven't received a single letter from GT in the last 12 months other than my variation and CC. A year before my closure I opted out of allowing GT to pass on my details to another company (wasn't EIC, I'd never heard of them before) and this was confirmed over the phone with the CS team.

Have they passed on my details illegally by not contacting me and giving me a chance to allow or deny them to do this?

Do I have any obligation to follow this up considering my CC has been issued? I thought this was all over after 7 years and I don't want ANYTHING to do with this anymore. I wasn't missold PPI and I don't think I had any bank charges either - I stupidly paid up to the minute I entered into the IVA! On top of this I have been ill for a few months and I suffer from an anxiety disorder, and this is really upsetting me.

I would really appreciate any help anyone can give me here. I've seen lots of threads about EIC/GT but I can't see much information on the situation if you have already received your CC and what obligations you have (if any).

Thanks,
Kitty

[kittyface]

Another day, another 4 calls. 110 views and no replies? *shouts feebly into distance*

[MerlinL14]

Your IVA is finished and you have your CC you are under no obligation to them, tell them to stop phoning immediately or you will report them for harassment. If you chose to pursue a PPI claim then you are better of doing the letters yourself as if they decide to keep some/all of the claim to set off against the previous IVA debt then you will still be liable for the PPI claims company 30% rip off fees.

[herbekj]

I would be tempted to throw your PAYG sim card in the bin and get another one simply to ease youtr frustration though I appreciate that means having to tell your real contacts your new phone number.

[MelanieGiles]

IPs are under no duty to pursue PPI mis-selling claims once a case has been closed, however if these were deemed to be assets of the arrangemet at the time the IVA was originally accepted, then they are also doing nothing wrong in pursuing the matter - the former supervisor can act as a trustee of the funds post-closure.

[MerlinL14]

If GT are doing nothing wrong in pursuing this PPI claim as an "asset of the arrangement" then GT should communicate this to the customer, not leave it to some PPI claims hawking company to harass kittyface. If they have not or more likely can't be arsed to carry out a simple exercise in communication then they deserve to be left out of the loop. I hope kittyface makes a PPI claim, wins the claim then fights GT with he assistance of the OFT/IPA if they subsequently make a claim to the refunds. I'm not a lawyer but due to their ineptitude I would bet my testies that they wouldn't have a leg to stand on. As much as we all appreciate your dedication and willingness to answer our general questions I think GT are also relying on you to try and keep the peace on their behalf. Where GT and closures are concerned there are far to many "if's" to make any reasonable conclusion as to their path of issuing CC's.

[Winston123]

Whoa !!!!
I want a job as an IP supervisor. If you can get at least 15% of any PPI claim from a former client, even though the IVA is complete and a CC has been issued, thats the job for me [:)]
I was under the impression that once a CC has been issued, thats it, game over, thank you very much, get on with your life ? Obviously not according to you Melanie.
Say if someone who has had their CC has money payed back 3 or 4 years AFTER the IVA is completed, you are saying the former supervisor has the right to act as trustee and skim a commission off it ?
Surely if a sum of money was received, if the recipient wanted help / advice on how to invest / spend it, it's upto themselves to appoint their own finincial advisor to act as a trustee, not a former IP supervisor.
Plus, if the CC has been issued, the IVA has finished, ended, is NO MORE.... How and who will the former supervisor distribute the "windfall" to ? Your IVA has ended, your IVA ceases to exist, the account is closed, the creditors paid out hence the issuing of a CC. So where will the money go ????

[kittyface]

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

IPs are under no duty to pursue PPI mis-selling claims once a case has been closed, however if these were deemed to be assets of the arrangemet at the time the IVA was originally accepted, then they are also doing nothing wrong in pursuing the matter - the former supervisor can act as a trustee of the funds post-closure.

Thanks Melanie. I'm interested in the wording used though - so they are doing nothing wrong in pursuing it, but what I want to know is what is MY obligation. Do I HAVE to follow this up legally, as I have a CC in my possession that states that the IVA is complete, signed by my IP & agreed by the court. I didn't agree to allow anyone to have my details, so surely that's a breach of my privacy in itself? In addition to the closure certificate, I have a variation agreement that states that the IVA has been accepted closed by all parties, with no mention of anything further to pay. PPI was discussed with GT (the guy on the variation team, I have his details somewhere) as I didn't want it to hold up my closure and had heard horror stories about that happening - however I was told that I didn't need to worry about this UNLESS the creditors insisted on a clause being put into the variation certificate detailing that they wanted PPI to be pursued and any return going to them. They didn't and the variation was accepted with nothing futher to pay.

I understand that the IP has to do what they can to recoup money for the creditors, but surely the timeframe to do this should be BEFORE they decide that the arrangement is closed. Otherwise, what else can they come for AFTER the IVA is closed? If my house goes up in equity, can they come and reclaim that in 15 years? I have paid back everything I agreed to and was told this was all over months ago. This is very, very unfair, and no communication - what the hell?!

herbekj - I would do this in a heartbeat but unfortunately this is my business number, so it would cost me too much to get all my cards reprinted etc. But if they carry on I might have no choice!

Thanks everyone else for the replies, much appreciated. They've rung again, 4 times in the last 24 hours. Ridiculous.

[plasticdaft]

Why not just co-operate or send letters out yourself to investigate claims?

And comments that ips skim 15% off ppi claims is just not true and muddies the waters even more.

Paul

[kittyface]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Why not just co-operate or send letters out yourself to investigate claims?

And comments that ips skim 15% off ppi claims is just not true and muddies the waters even more.

Paul

I've already said, and have done on many occasions, I was never missold PPI, and I don't see why I should have to go through this yet again, 18 months on from my last payment. I've co-operated fully for nearly 7 years, I don't have to anymore. That's the deal, surely?

Nor do I think it acceptable that GT have seen fit to sell/pass on my details to an obviously aggressive company without a) my permission and b) telling me they are doing so.

Even if I was owed PPI, they have no right to it now - they've agreed a F&F, which means NO MORE MONEY - it says so in the CC!

That's why.

[ginger323232]

Kittyface - Not sure why you don't just cooperate with the PPI firm - if there is no PPI then the case is finally at rest - however there have been posters who were unaware of PPI on old accounts - which proved to be untrue.
It been discussed here before about your IP giving out details - and it was stated they don't need your permission to do so! - don't forget all the way through your IVA - your information was made public.
Some of GT customers would be more than happy to have a certificate of completion and then allow for PPI Investigations

[kittyface]

Thanks Ginger, but EIC explicitly state that they got my information from GT - why do they allow people to opt out if they don't need permission? I find that a bit confusing. I understand that they may have permission to hand out my details willy nilly while the arrangement is in place, but after it's closed? Should I be expecting a barrage of calls in 10 years if they find anything else they can claim was an 'asset' at the beginning of the arrangment?

Some customers might be happy with having the PPI pursued after closure, but I'm not. I've had all the conversations about PPI, I've signed all the forms and I've had nothing but stress through this whole process (waited a year for a variation meeting to be set up), and as I suffer from a fairly serious anxiety order, I just want it finished, over, gone.

To be honest, if EIC weren't so aggressive I might have co-operated, but they are - and that makes me want to make damn sure they don't make ANY money out of me whatsoever.

Anyhoo, really, I'm asking if I am legally obliged to follow this up, despite the closure certificate and final variation report, and what exactly they can do if I don't?

[ginger323232]

Kitty face - hopefully without seeming rude, bite the bullet and "say so* it" cooperate - get it over and done with. you may find they will continue to call. Another suggestion is seek legal advice with an insolvency solicitor, to see where you legally stand.
Either way hopefully this can be sorted ASAP and you can finally move on

[kittyface]

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



And comments that ips skim 15% off ppi claims is just not true and muddies the waters even more.

Paul

Paul - a quote from Melanie on another thread about PPI:

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Just a couple of points:-

I think the fee split is probably EIC 30% and GT 15% based on realisations.

And the 6 year requirement to retain paperwork does not stop claims being submitted for earlier periods.

Is that not the same thing?

Ginger, thanks for the advice. I won't give in to bullying though, so I shall seek advice from a legal source.