IVA company refusing to issue termination certificate unless I take out PPI claim. Is this legal ?

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Jamie.73

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Post by Jamie.73 » Sat Sep 29, 2012 9:49 am
I dont like the look of that. In my experience (which is fairly limited) there seems to be a 2 types of claims company. The 1st are claims management companies who complete mainstream PPI and have seen IVAs as a potential new market and the second are firms who are specialised and only deal with IPs. Also the claims sector is regulated by 2 bodies. Ministry of Justice who have some power or if you are a legal firm the SRA. We work under the SRA which seems to have must stricter code of conduct rules.
All views expressed are my own personal views. Without prejudice
 
 

MelanieGiles

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Post by MelanieGiles » Mon Oct 01, 2012 1:40 am
IPs cannot accept commission payments for work they introduce to other firms. This is covered in the IP's ethical guide.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Jamie.73

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Post by Jamie.73 » Mon Oct 01, 2012 12:25 pm
Hi Mel thats exactly what the IP who is on the liscensing commitee said and I agree. There would be a direct conflict in interest if they did accept an introducers fee
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savvasandreas

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Post by savvasandreas » Thu Oct 18, 2012 4:57 pm
hi great news i have been to court and told them my iva company clear debt were refusing to issue a termination certificate and they said they did not need it and i am now bankrupt they gave them 2 weeks to comply i am now bankrupt i feel clear debt were very cruel by saying i could not go bankrupt until i let them claim ppi .when all along i did not need termination certificate clear debt were horrid horrid horrid thank you all for your great advise please anyone being blackmailed by your iva company to take out ppi claims .before they will issue a termination certificate dont listen just go to court we did and we are looking forward to a debt free life at last
 
 

Daniel Griffiths

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Post by Daniel Griffiths » Thu Oct 18, 2012 5:13 pm
Its about time the all courts allowed bankruptcy without the IVA termination certificate as no law exists requiring one, the only stipulation is that the IVA supervisor is given a clear fourteen days notice of the hearing.
 
 

Heretoday

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Post by Heretoday » Thu Oct 18, 2012 5:15 pm
That is great news for you. I have seen the two sides of Cleardebt as well, the one is the well polished professional facade., the other is the brutal and blunt way that they deal with people who do not agree to go along with the way that they are doing things.

At least you can move on now and put that part behind you.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

savvasandreas

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Post by savvasandreas » Thu Oct 18, 2012 5:47 pm
6 years 8 months I feel for you clear debt are in my past not my future thank god nearly cost me my marriage they were not nice at all in the begin they were so nice then nasty at the end
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 18, 2012 8:36 pm
I agree with you Daniel - I am not sure where this practice ever came from, but my view is that if a debtor wants to break the contract and declare themselves bankrupt then this should be available to them. I have rarely ever seen anyone change their mind once a decision to petition has been made.

If you have a PPI claim to make savvasandreas - this will now vest in your Trustee in bankruptcy who will want to pursue this for the benefit of your creditors.
Regards, Melanie Giles, Insolvency Practitioner
 
 

TomOConnor

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Post by TomOConnor » Fri Oct 19, 2012 4:54 pm
I’m glad you have a solution you are now happy with but I don’t understand why anybody would petition for their own bankruptcy without investigating PPI mis-selling which could potentially have averted this.

I have clarified ClearDebt’s position in this thread http://www.iva.co.uk/forum/topic.asp?TOPIC_ID=48306 which will hopefully prove useful for those interested in the issue.

It’s probably not a bad idea to create a single thread where all issues relating to PPI mis-selling can be discussed and perhaps David, Melanie and other forum experts could get together to produce a guide which would hopefully serve to prevent confusion in future
 
 

MelanieGiles

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Post by MelanieGiles » Fri Oct 19, 2012 5:06 pm
I would very much welcome that Tom. We are already working together behind the scenes - David will update you on this.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Heretoday

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Post by Heretoday » Fri Oct 19, 2012 5:58 pm
I think it would be a brilliant idea for a guide to be put up in one place where each company can confirm their stance on PPI.

There has been so little information forthcoming from companies such as Cleardebt and GT to those people coming to the end of their IVA’s. People are told sign these forms or your IVA can’t be completed or worse still and I quote from my own supervisor:
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>"Should you fail to comply with this request then I as your Supervisor will have no option but to consider this a breach of the terms of your IVA and shall have no option but to terminate the arrangement and petition for your bankruptcy and seek the appointment as your Trustee to ensure that this asset is realised.”
It may not change the end result but far better to communicate with your clients than bully them into complying!
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

savvasandreas

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Post by savvasandreas » Fri Oct 19, 2012 7:19 pm
I do not consider I was mis sold ppi so why would I pursue a claim and it would not help me at all to claim ppi bankruptcy was my last choice
 
 

Heretoday

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Post by Heretoday » Fri Oct 19, 2012 11:39 pm
Tom, you have posted about the op that “you have a solution you are now happy with”, your former client is far from happy with you, so have the decency not to claim their post as a positive reply!

I may be in the minority but please feel free to ask me about any positive experiences that I have had with Cleardebt! I am sure that I can give a contrast to those who have had a positive experience!
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

MelanieGiles

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Post by MelanieGiles » Fri Oct 19, 2012 11:47 pm
I do think that correct communciation is essential between IP and client, so that clients understand what their IPs have to do when it comes to recovering assets, and IPs understand their clients' positions when it comes to determining whether something has been actually mis-sold. I expect the regulatory guidance will have a fair bit to say on this point.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Muggins

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Post by Muggins » Sat Oct 20, 2012 12:33 am
Mel, communication between the IP and client is prob non existent in alot of cases! I know I never had any with mine! All those fees that were paid and not a single word was exchanged!!!
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