Who will set this precedent? Will it be my case? At least then some action would take place - so fed up of a 5 year thing lasting months and months longer than scheduled- others even years longer - pull your finger out iva companies! In the states we would all be claiming for undue stress leading to mental health issues.... only a matter of time before we have to take our own legal action - 2 years beyond wihout a certificate must be breach of contract - ppi claims must be a confkict of interests costumers must be victims of this money grabbing stalemate.
The problem is, Tony, tht there aren't many people just out of an IVA with the money to mount a case (which you will lose if the case doesn't go your way.
The only way something is likely to get to court is by way of a class action ( American style) where a lawyer will act on a no win no fee basis for a group of clients.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Amanda - I cannot really comment on the firms who charge 40%on a no-win/no-fee basis. I also run a claims management company where we charge 15% to 20% depending on complexity, and of course all of our clients are free to submit their own claims should they wish.
Tony - I think that you need to take this up with your IP firm directly. They will have received the guidance, but may feel that they still need to take legal advice for good reasons.
I do fear for this industry that in months to come we may see IP firms attacked due to their own interpretation of the guidance notes - but at the end of the day this may ultimately have to be ruled on in a test case, or by the regulatory bodies.
Coming from a family of lawyers , I will be lookin into exactly that foggy. It would be nice to mount a huge action on behalf of all victims of this sham but I may have to be a lone wolf .
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by stirling
It's not often I have to disagree with Melanie, but on this occassion I have to.
Stepchange ARE treating it as a windfall and I disagree that they are giving a sweetener of £500 to have clients follow it up.
I wish SC were giving me a £500 back hander for the £12k PPI I've just received on 2 loans that weren't debts in my IVA. They have stated that all monies from PPI must be fully paid in, it's wound me up at the minute as their blog states that some money could be retained when justified, but when asked they say no chance.
At cleardebt they have been very clear IMO in terms of the process they follow for PPI reclaim. They have mailed me and it is also clear on their website.
They have also confirmed that debtors can keep the first £500 of any successful claim.
The issue I have is with the execution of the claims process through their chosen partner.
They are completely in disarray. If this is what private claims companies are like, no one would ever use them. I just assume that they see us in an IVA as a captive market with nowhere else to go and hence lowest priority.
I am just a newbie to all this, just about 6 months ago since the initial face to meeting to verify all my creditors, complete authorisation forms and allow subject access requests.
In that time nothing done and resending me forms I have already signed to sign again. Receiving letters again from creditors telling me the process 'I' must follow to reclaim and even had a subject Access Request left on my doorstep as too large to fit through my letterbox.
Also, I would have thought that the value in a company using an external claims company would be that the IP company could insist in some Service Level Agreements (SLAs) in terms of completion timescales.
This would ensure that these companies would would at least be incentivised to try and deal with all claims within an acceptable timeframe.
Very true Melanie, so I will tempter my comments as "In my own experience". However, I thought it would be for the norm for any company subcontracting work to outline SLA for delivery.
The 'it will take as long as it takes' with no penalty seems unusual in any other area of busines
I would have thought that all CMCs operate SLAs with their clients, however the timescale is largely out of our hands as information does need to be forthcoming from creditors in the first instance. In our own experience, some creditors can take an eternal timescale to provide replies to routine correspondence.
