I completed my IVA Oct 2015 and have been advised that the SHL PPI searches have been completed.
When I spoke to Aperture they have advised that I have to contact the creditors where a refund has been received into the IVA to then request back the 8% interest, however Aperture will not confirm who they have received a refund from (which sort of defeats the point of contacting them). SHL say that I have to contact Aperture to get the details (round and round with no outcome).
Can anyone confirm if this is correct or what can be done to get the refunds paid back to me?
The probability is that the interest, if any, was included in the refund made to Aperture. Both SHL and Aperture should be able to account to you for the monies --- if they will not, or cannot, I would make a formal complaint.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I have just received an email from Aperture advising:-
"I wish to advise that under the mass variation meeting terms and conditions that were duly approved by your Creditors on 28th November 2013, stipulated you would be due back the statutory interest element (net of costs) from any successful PPI redress, where the supervisor has received a valid offer letter.
I can confirm that I have received a PPI redress in the sum of £6,915.43 from Halifax bank of Scotland on 28th March 2014. I then sent you a letter on the 19th January 2015 requesting a copy of the offer letter for this redress, however you failed to comply. I have attached a copy of the letter sent to your on 19th January 2015, which specifically states if you do not provide the offer letter within 14 days you would no longer be eligible for the statutory interest element (net of costs).
Please be advised that the decision to pay out the statutory interest element (net of costs) from PPI is an internal one, therefore the lenders will not be able to give you a decision on this."
Grant Thornton/Aperture employed 2 PPI companies over the duration of my IVA (EIC and SHL), all documentation was sent to these companies and no offer letters were sent to me, on this basis I don't see how Aperture can say that I have to produce an offer letter from the relevant company.
Can anyone confirm where I stand with this? Should I complain to them stating the above and advise that I will take it to be IVA Ombudsman?
I would write and advise that you have received no such letter. Can they provide proof of delivery ?
The only other redress you have, realistically, is to invoke their internal complaints procedure the escalate this to their regulators via the Government Gateway. t best this will get the IP a fine, but is unlikely to get you the interest back.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Totally agree with Foggy - put the onus of proof back on them.
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