I don't think they can do it either if there is no mention anywhere about it.
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
This is an odd situation. One could take the following views:
(a) Unless it was a term of the arrangement, the Supervisor cannot compel you to proceed with the claim.
(b) If no Certificate of Completion is issued and you agree to the claim going ahead and it is successful then (i) the creditor's claim will be reduced, (ii) funds received would be claimed as a windfall, and (iii) the Supervisor would need sanction from creditors generally to receive additional remuneration whether it is in the form of fees or commission.
(c) If a Certificate of Completion is issued you can then choose whichever claims management company you wish to proceed with a claim on your behalf and (subject to fees) you would keep any recoveries. However, it seems to me that even if you have a valid claim there is an argument that you might not succeed because you've already done a deal with the creditor i.e. the IVA which was in full and final settlement of your debts.
Regards
Andrew Bowers
Licensed Insolvency Practitoner
Thanks once again, I have already told the Claims Unit that I am not interested in claiming any refund. I will however put this in writing to them and wait for the completion certificate which will be sometime in April and hopefully this would be the end of the matter.
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
Good for you not letting them bully you. The irony is, they are mis-selling their service to redress the the mis-selling of PPI. This is quite serious and you should consider reporting it to their regulator (once you have your certificate). It is unethical to strong-arm a client into a fee generating service they won't benefit from to say the least.
@Broke, I was thinking along those lines, in a drafted letter to them I have requested that they give the date of this stipulation and the Governing Body so that I may take it up with them.
Contaced the IP Office this afternoon and was advised as under"
Quote " YOU HAVE AN OBLIGATION TO FILL IN THE FORMS AS IT IS IN THE TERMS AND CONDITIONS AND WOULD BE CONSIDERED A WINDFALL. THE IP MUST GET THE BEST POSSIBLE RETURN FOR THE CREDITORS" Unquote
I am sure that there is a mention of windfall in my proposal but no mention of PPI or mis selling but the English Language is a very complex subject or I am stupid.
Friday, I was told by Client Support Team that it is optional, on contacting the Client Support Team on my arrival home today, I was advised that this started in December. (It's now February.)
I originally approached my IP's Office in November regarding F&F. I had to call them again in December to ascertain what was the problem and request to speak to the IP personally and was advised that IP does not attend to calls but a team member will look at the paper work. Nevertheless, when I contacted them again, was advised that a Variation meeting was to be held on 05.01.2011.
In late 2006 I was in Debt Management with their sister concern company, who requested that I cancel all the PPI's.
So with all the necessary correspondence now readily available within their Group of Companies and for 4 years after debt management,it appears my file was kept closed. If they had looked at my file prior or after the proposal, they would have observed that most of my accounts had PPI.
Feels like I am being BLACKMAILED and if I do not return the claim forms, they may hold my completion certificate for as long as necessary. Will try to get some free legal advice.
Seems that I have gone on a bit,
1) Debt Management
2) IVA
3) Now PPI refund
They are playing with words -- yes, I agree that it is incumbent upon them to get the best return for the creditors ... UNDER THE TERMS OF THE IVA PROPOSAL.
A PPI repayment, should one be forthcoming, is not a windfall if it is paid to you (or due to you) after the IVA has been formally completed. Indeed, if you don't claim it there is no money to BE a windfall in any event!
I would ask them, if indeed they ARE trying to maximise the return to the creditors, if they would be so kind as to waive the 25% they are after grabbing!
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I suggest that you ask them to provide you with a copy of the relevant paragraphs from your IVA proposals that state you must pursue such a claim and, in the absence of this, would they please issue a Certificate of Completion.
Regards
Andrew Bowers
Licensed Insolvency Practitoner
Quite agree Andrew - they should not be doing this.
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
Which firm is insisting on these very bizarre terms? I would check that they do not have a financial interest in you making the claim - including a "kick-back" from the claims company itself.
I've heard of this sort of practice going on in Scotland, but this is the first I've heard of an IP south of Hadrian's Wall insisting on this.
Last edited by MelanieGiles on Tue Feb 15, 2011 2:01 am, edited 1 time in total.
The IP at Harrington Brooks is a well respected professional who occasionally posts on the forum, so he may pick up this issue directly. To be told that he does not take calls cannot be right. He has a duty of care to you as a client to speak with you if you need him to, and I suspect that he may be a little peeved that members of his team are giving out such comment in his personal name.
Alternatively you could ask to have a private consultation with him, or a senior member of the team, to see if they can explain to you where you are contractually obliged to submit a claim for PPI mis-sale under the terms of your IVA. An IVA is an individual contract tailored to meet your own circumstances, so it is possible that this was included as an express term, but I would have to say that I think this is doubtful.
Last edited by MelanieGiles on Tue Feb 15, 2011 1:59 am, edited 1 time in total.
Melanie, thanks for your input.
I have reread the terms and conditions and there is a mention of windfall but nothing at all about PPI claims. I will try to contact the IP again tomorrow, if this proves fruitless, I will have to send him a fax and see what transpires.
