I've just been off the phone Payplan who informed me that I apparently have a court case with somebody in May regarding claiming PPI.
I'm quite upset that it's taking so long to sort this out, I had my creditors meeting at the end of November and final payment was received on the 3rd December.
I was hoping for a quickish conclusion, 4-8 weeks for receiving a completion certificate is what I've been told is normal parameters.
I don't understand why it's taking 6 months to investigate PPI, surely this should of been done while I was in my IVA for 2-3 years, I've paid that £4,000 on the basis of my IVA finishing and being free of my debt which it was kind enough for someone to help me with this.
I wasn't informed by anyone at Payplan with an update that this court case is happening, as far as I was aware I was getting my completion certificate by March as I've always been told "a few months".
Now its probably going to be at least June-July by the time stuff is done after the court case I'd imagine I'm going to be told due to "administration".
Me and my partner are quite annoyed as they could of been honest up front but just kept saying a few months until he finally let slip about a court case, couldn't provide a date though, just said it's in May.
This is a duplicate post but just to reiterate that the court case is a general one affecting everyone in an IVA at the moment and it is by no means certain that it will done in May.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Tell Payplan that you will sign a deed of assignment if they want and you want your certificate. Otherwise put in a formal complaint. The court case should not lead to the delay in closing IVAs as we are the firm fighting it and we still close cases!
I have completed and signed a deed of assignment in advance of my IVA completing so when the time comes there will be no delay in obtaining my completion certificate which is good news.
I would definitely ask payplan if you can sign one of these so there is no delay in obtaining your completion certificate.
It is all to do with PPI - not sure of the ins and outs but I am sure that someone will assist.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
I was with Payplan and a full and final was accepted by creditors in Aug15 in lieu of being unable to remortgage. Towards the end of October, I rang to check when I could expect my certificate.
I was told the same as you re the anticipated delay in issuing a certificate pending the Green v Wright court case. I complained via e-mail to the Operational Compliance team. I suggest you ring them to explain your complaint and get the name of a complaint handler on 0208 626 9456.
I asked for written evidence from the IP as to how this court case directly affected closure of my case. I queried, as Michael Peoples had advised, why the IP involved in the court case was still closing arrangements and issuing certificates while Payplan's IPs chose not to.
Further, I told them that I was more than happy that if they found any further funds from any PPI that it should go straight to my creditors. Therefore, I could see no lawful reason not to close my arrangement and issue the certificate.
I had my certificate within 2 weeks of my complaint and I have to say, the Complaints team were first class in keeping me up to date with how the closure was going.
I encourage you to contact them, ask for a name to contact and submit your complaint in writing pointing out what you want the end result to be.
Sorry for duplicate post, I asked a question originally and it's since been posted.
Thanks for your help, I will phone that number tomorrow and see where I get.
They've since advised me to wait until 3 months are up since final payment and then a supervisor will review whether to release my certificate early as they put it due to this case rather than May.
Sounds a bit fishy as if they can do it in 3 months why can't they do it now.
Thanks for the advice SFA, I phoned that number you posted and just said have you got an email address of anyone who I could write a complaint about my IVA to. He gave me his email address right away, I've sent my email now. Will just wait to see what happens now, will keep you updated.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by sosilly
What is the court case for may I ask?
I have completed and signed a deed of assignment in advance of my IVA completing so when the time comes there will be no delay in obtaining my completion certificate which is good news.
I would definitely ask payplan if you can sign one of these so there is no delay in obtaining your completion certificate.
Hi if you have assigned your PPI then the Court case will not affect you.
The Court in the Greene v Wright case originally dertermind that after the closure of an IVA a debtor is free to retain any funds from remaining PPI claims however that has gone to appeal so it could be overturned.
If an assignment has been granted the IP already has the power to deal with the PPI post closure and keep the funds for the creditors/costs of the IVA.
Without an assignment the law says otherwise (at the moment)
Just got a reply to my email from Payplan, the supervisor has looked at my case and made it priority to be completed. I should get my certificate within the next 2 weeks!
