What can I do ? GT refuse to pay interest on PPI as promised

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Joanne.08

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Post by Joanne.08 » Thu Apr 17, 2014 7:47 pm
I entered into an IVA in July 2007 and awarded a certificate of completion from the insolvency practitioner, suspended for administration until the VAT was realised. The Insolvency Practitioner was Money, Debt and Credit. I received the certificate of completion in July 2012. I received my first phone call on August 2013 from EIC, a partner with Grant Thornton that pursues PPI complaints. They advised that they needed to claim PPI for my debts. At this time I advised that I had received my certificate of completion and they advised they shouldn't have contacted me. September 2013 I received another call about PPI. I advised again that I had a certificate of completion. I was advised that I needed to claim PPI for all of my debts. I sent consumer questionnaires to all of my creditors and electronic versions to Grant Thornton who had taken over. I had been sent another contract to sign. I signed the agreement and returned it to Grant Thornton. The amended T&C’s state that as an incentive to pursuing the PPI claim myself, I would receive the 8% interest. The IVA was closed at the end of November 2013 months of chasing. One of my creditors paid Grant Thornton just over £5000 at the beginning of 2014. This is over £1600 in interest payable. As I hadn't received the payment and am due to move in the next 2 weeks, I contacted Claire Crowe who had helped close the IVA. After no response again, I contacted customer services who advised that because the payment was received after the IVA had been closed, the 8% had been paid to the supervisor. At no point was I advised that this would happen. It isn't listed in the amended T&C’s and Ms Crowe stated: To be clear, we do not require the PPI claims process to be completed in full prior to issuing the final report in an instance where the proposed changes have been formally agreed. I have emailed 6 times now and included the UK CEO and the CEO from Grant Thornton International. Please can you advise what I can do?
 
 

Shining

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Post by Shining » Thu Apr 17, 2014 7:51 pm
Hi, this is the 2nd post of this nature this week that I have read I will try and locate the first for you and post a link.

Foggy knows about the complaints process and I'm sure he'll be along soon to point you in the right direction so long as you've gone through the internal process first, you can follow it up with the advise of others.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Shining

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Post by Shining » Thu Apr 17, 2014 7:56 pm
Sorry I was mistaken and the posting has no relevance to your query it was about a database not being available to be able to pay the PPI.

http://www.iva.co.uk/forum/topic.asp?TO ... hTerms=ppi
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Foggy

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Post by Foggy » Thu Apr 17, 2014 8:10 pm
This was the complaints procedure as of July last year -- some of the people might have moved posts since then:

From earlier posts, this is the GT complaints procedure (if it gets as far as complaining to the Regulatory Body (IPA, in this case)the complaint will be against the IP ( who is the member) not the company (who is not):

1 If a client expresses unhappiness with the service provided by this firm, then in the first instance the concerns will be dealt with by the manager responsible for the area that gave rise to the complaint and you will receive a formal response in that regard within one month of the date of this letter. Should we require additional time to investigate the matter, you will of course be advised accordingly.

2 If the matter cannot be resolved by the relevant manager, you can then direct your complaint to my designated senior member of staff Mr Paul Madden at Grant Thornton, Waters Edge, Clarendon Dock, Belfast, BT1 3BH.

3 If you continue to be dissatisfied with my firm's response to your complaint, you can then write to Ms Fiona Beighton - the Head of Quality & Risk Management who deals with any complaints arising from the firm's recovery department - at Grant Thornton UK LLP, 30 Finsbury Square, London, EC2P 2YU.

In the unlikely event that my firm is unable to resolve your complaint you can then complain to my regulatory body – the Insolvency Practitioners Association.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Joanne.08

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Post by Joanne.08 » Thu Apr 17, 2014 8:47 pm
I originally complained to customer services about the IVA not being completed. I waited a week and patience not being my strong point, emailed the UK CEO, Scott Barnes. I was put in touch with Claire Crowe and Barry O'Donnell. After months of emails that had a lot of words but didn't say very much apart what was not included, but not excluded, from my original T&Cs, I had the account closed. My query is, the incentive being withdrawn isn't part of the amended T&Cs and I have an email from Ms Crowe stating:

To be clear, we do not require the PPI claims process to be completed in full prior to issuing the final report in an instance where the proposed changes have been formally agreed.

It was agreed I would file the complaints, I've done loads for my family. How can they withdraw that incentive payment?

I think that they haven't replied means they have no response as they were so quick to reply in order to quote their T&Cs.
 
 

Joanne.08

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Post by Joanne.08 » Thu Apr 17, 2014 9:28 pm
Hey foggy, just read your blog! Amazed that you thank your contacts at Grant Thorton to be honest. Maybe it's me but they were so awful for me.

I work for a blue chip company and our CEO wouldn't allow lack of contact. Note for the future, if you don't get what you want, go straight to the top.

There is a website with CEO addresses on them
 
 

MelanieGiles

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Post by MelanieGiles » Thu Apr 17, 2014 9:43 pm
This does seem to be a comedy of errors. What I am not understanding is that you say you were given a completion certificate in July 2012, in which case I am not sure under what auspices GT are purporting to tell you that you had to co-operate with a PPI investigation, or hand over any funds received subsequent to closure.

Has this point ever been clarified for you by them?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Foggy

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Post by Foggy » Thu Apr 17, 2014 10:01 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Joanne.08

Hey foggy, just read your blog! Amazed that you thank your contacts at Grant Thorton to be honest. Maybe it's me but they were so awful for me.

I work for a blue chip company and our CEO wouldn't allow lack of contact. Note for the future, if you don't get what you want, go straight to the top.

There is a website with CEO addresses on them
Thanks for reading my blog, Joanne. As it says there, they were excellent in helping me through a very difficult time. I do believe that communication is one of the keys to a successful IVA and, if they do not communicate with me, I make a point of communicating with them (wear them down, I guess).

As much as I am not, for various reasons, a fan of the company I cannot in any way fault the service I got from the front line staff.

The company I work for has a 99% target of responding to customer queries within 4 working hours.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Joanne.08

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Post by Joanne.08 » Thu Apr 17, 2014 11:00 pm
Hi Melanie, I absolutely agree this is a comedy. The IVA had been completed but left unsettled for admin purposes. This was to claim tax via the HMRC. It was due to be claimed back for the purposes of my creditors. I was under the opinion that there was no further responsibility from me. I questioned the Insolvency Register after my name hadn't been removed after 3 months had expired. They sent me back to the IP.

I sent emails to customer services and received a response to say that it hadn't been closed due to reclaiming HMRC payments which was a "mammoth " task.

I continued to send emails and sporadically received responses. I opened a complaint with the ICO due to data.

In the meantime Grant Thornton took over and I received phone calls from their partner company that dealt with PPI claims? I had 2 phone calls before I asked who they were acting for. They said Grant Thornton. I spoke with Grant Thornton directly and they said whilst it was originally in the T&Cs it wasn't excluded and it was considered an asset and it didn't matter that M,D&C had given their terms.

I was sent numerous welcome letters and I had to sign an agreement which would give the IP more power to act on my behalf as they didn't have to contact me. It also stated that I would receive the interest for pursuing the claim. I can supply all of the documentation.

It's been a nightmare, and it have submitted my complaint to the BIS gateway. This was not what I was told when I signed up. 5 years me arse!
 
 

MelanieGiles

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Post by MelanieGiles » Thu Apr 17, 2014 11:06 pm
Did your IVA proposal provide for all of your assets to be included into the IVA, or merely specific ones?

Now you have made a formal complaint, it is likely that this issue will get looked into very thoroughly. I would be really interested to know the outcome, once the matter is finally settled for you.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Joanne.08

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Post by Joanne.08 » Thu Apr 17, 2014 11:26 pm
Thank you Melanie.

At the time of the IVA, 2007, I had no assets. I was a working single mum, but didn't own anything.

I can confirm that PPI was not included in the T&Cs, but not excluded. The 5 year payment plan was it.

As an IP practitioner, can you advise if I am losing my mind? This isn't the T&CS I signed up to or the amended T&Cs no matter what the customer services girl advised me of.

I have been in a role where I read out T&Cs and I just can't see it anywhere. No response after 6 emails to the Executive Office?

I can supply the documents?
 
 

Joanne.08

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Post by Joanne.08 » Thu Apr 17, 2014 11:32 pm
O and the ICO didn't uphold my complaint. Their response was:

Dear Miss Wade,

Thank you for your data protection complaint regarding the accuracy of information held by Money, Debt and Credit.

Complaints to the Information Commissioner’s Office

Under the Data Protection Act 1998 (the DPA), those who collect and use personal information have to follow rules of good practice for handling information (called the data protection principles). The DPA also gives rights to individuals whose information is collected and used.

When we receive a data protection complaint, we will make an assessment. This is our view about whether an organisation has followed the rules of good practice properly. We do this by saying whether we think it is likely or unlikely that the organisation has complied with the DPA.

We will also give advice about handling personal information and will ask the organisation to review its actions if we think things have gone wrong. Our main concern is to ensure that organisations deal with personal information properly in the future.

Assessments can help us decide whether we should take action against a particular organisation. If an organisation refuses to take its responsibilities under the DPA seriously, then we may consider formal action to ensure it complies with the law.

Your complaint to us

In your case, the matters you have raised that are relevant to the DPA relate to the fourth data protection principle which provides

“Personal data shall be accurate and, where necessary, kept up to

date.”

You are concerned Money, Debt and Credit have failed to update your IVA records with the Insolvency Register thereby contravening the DPA.

Our assessment decision

We initially wrote to Money, Debt and Credit regarding the issues you have raised however they informed us your case was one of a number which was sold to Grant Thornton. Having therefore written to Grant Thornton and received their response, I am in a position to make our assessment. On the basis of all of the information provided by you and Grant Thornton, we have decided that it is likely that they have complied with the requirements of the DPA in this case.

We understand in July 2007, you entered into an IVA with Money, Debt and Credit (MDC) with the account then being sold to Grant Thornton in July 2013. Despite MDC providing a certificate of completion, your account remain opened due to an unresolved issue regarding the refund of VAT from HMRC and the possibility that this may result in a further refund being owed to your creditors. We believe the completion of the IVA was also delayed by a requirement under the agreed terms and conditions of the IVA to investigate and realise any claims for mis-sold Payment Protection Insurance and to pay your creditors accordingly from any money recovered.

Grant Thornton has explained once both issues were resolved, the IVA was completed. We believe this was done on 29 November and the relevant parties including yourself, the Insolvency Registrar, the Court and your creditors were informed of the closure of the IVA on the same day.

As it would appear Grant Thornton were unable to update the Insolvency Register due to circumstances beyond their control, informed you of the delays preventing the same and then updated the register as soon as they were able to, we believe it is likely they have met their obligations under the DPA.

As we have now made our assessment, we consider the matter to be closed. Thank you for bringing it to our attention.
 
 

Joanne.08

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Post by Joanne.08 » Thu Apr 17, 2014 11:35 pm
They didn't inform me, their PPI claims company harassed me for months before I asked where it was coming from. Grrrrr
 
 

Joanne.08

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Post by Joanne.08 » Thu Apr 17, 2014 11:55 pm
O just a note, I was out of work for 10 months which was a direct cause to the IVA. I slipped a disc and in the meantime my employer closed the business.

The PPI wouldn't pay out as it was considered an act of self harm!
 
 

MelanieGiles

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Post by MelanieGiles » Fri Apr 18, 2014 2:03 am
I wouldn't have thought that a complaint to the ICO would ever have achieved anything - but it is interesting to note that your IP could not update the register for reasons beyond their control! This involves posting a report and a letter - so I don't quite get that one!

Now you have lodged a complaint with the IP's regulatory body, I would let that process deal with this - and rest assured it will be investigated thoroughly.
Regards, Melanie Giles, Insolvency Practitioner
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