IVA Company obtained my PPI

[terrytibs55]

Yes as normal but nothing is said in it about this rx1 form thing or the fact of the matter relating to the year 4 clause. I was just going though the documents thoroughly again as I had to send them to the OFT and ombudsman over the weekend.

[Shining]

I signed and returned my RX1 before the creditors meeting and all is listed about remortgage clause explained prior to meeting and listed in proposal.

I hope you get some satsifaction soon Terry as doesn't sound right at all x

[terrytibs55]

Well I hope this does get looked into properly byt the OFT and ombudsman. We fell really let down by it all. We are now going to go bankrupt and have an insolvency solicitor helping us for less every month than the IVA payments.

[terrytibs55]

Ahhh now I'm really mad, my IVA company called and has said that they actually obtained the ppi already using a third party and they also said that I definately did not sign anything extra to consent to this because by entering into the IVA in the first place was consent.

I then asked where exactly it says this is my proposal and modification documents and they could not tell me. They said the third party would claim approx 33% of my PPI after they had taken their share from it. The rest would then go to creditors!

Please someone tell me this is a wind up...[:(!]

[Lucy lou]

P.P.I. ( sing it to the tune of Here We GO )

For people in an IVA for a long time there would have been no knowledge of all this PPI claiming thats causing all this kerfuffle when they first started out.

I understand that the creditors want as much back as possible and the PPI is an easy to make a claim as the banks are paying out 99% of the time no contest so its a win win for them

As I wrote unless you are a PPI professional legal expert you can not state that you were mis sold PPI even if you read the small print on everything so technically you are obliged to allow your IVA Company to persue the claim The IVA Company are following their procedures on behalf of the creditors they are doing their best to comply.

I would say that if your PPI was obtained without your prior knowledge then you may have grounds for a complaint Even if the IVA Company has their own ways of operating then you are protected I would assume under the Data Protection Acts Again every IVA Is different but I would hazard a guess that they need some signatures from you and your permission to persue the matter

If they have gone ahread and done so without your permission and its shown to be un-authorised then it needs looking at by their own governing bodies

Also you seem to be getting a fair bit of abuse from their customer care that needs to be reported to their head office with dates and times.names of the people contacting you.

As the Forum professionals are here to help and advise on all IVA matters as best they can then we should as IVA Forum members be very glad for their time and help

As IVA Customers yes we are all guilty of wanting out problem solved in an instant and from what I read here a lot of whats postted is more of a personal rant and rave about some element Thats normal and understandable as msotly we have nobody else that we can do that with or would understand why

But anybody in an IVA has to realise and get used to the fact it was ourself who got into the financial mess and its the IVA Companies who are helping and advising you as best they can to get you back to being debt free

Its a 5 year ' journey ' we chose to start it and its down to us and nobody else to finish it

[disappointed]

Lucy lou I agree with your statement that it is ourselves that got us into a financial mess and it's the IVA companies that are keeping us all in this financial mess that we have created and the IVA companies that are making money on the backs of people who listen to companies that try to force people to borrow money that they cannot pay back usually due to the very high interest rate that has been applied and the VERY endless small print that the lending companies seem to write at the very bottom of all the wonderful thing we can do with the money that we borrow in the first place. Sorry about all this endless writing but if you manage to read all this rubbish then unlike the majority of the people who borrow money and don't read the small print you will not get yourself into debt!!

[fizzer]

I agree with you Lucy Lou We are responsible for getting ourselves in the mess in the first place, no matter haw it happened, even if your business failure, which precipitated the debts was helped along by huge companies pricing the little ones out of business. However I signed up with the reassurance that I was trying to pay something back and as I owned no property the whole nasty business would be over in just over 5 years (60 months) that was 72 months ago, our last payment was over a year ago and through no fault of our own we still have not received our completion certificate; then to be told in month 73 we should allow them to claim mis sold PPI payments, is taking the micky. It is NOT upto us to finish it, the IVA company are responsible for completing following full compliance.

[MelanieGiles]

Terry

If what you say is correct, then I do feel that there are issues tat your IP needs to answer for - how PPI claims can be made on your behalf, without your consent, is beyond me! Also the matter of the RX1 and your lack of understanding of equity release provisions is further disturbing.

[terrytibs55]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Lucy lou

P.P.I. ( sing it to the tune of Here We GO )

Its a 5 year ' journey ' we chose to start it and its down to us and nobody else to finish it

Actually most homeowners end up in an IVA for 6 or even 7 years thanks to the year 4 clause that I was not advised or even told about.

[terrytibs55]

The RX1 is disturbing yes. We had no idea about this until the other day and it now also appears that they can now keep you longer in the IVA whilst waiting for the ppi to be sorted.

So Melanie Giles, How do you propose to explian this if someone should only be in the arrangement for 5 years, they come to the end of their time all the debts finished and then you get a letter stating that we can't finish the IVA until the ppi has been sorted or released?

It seems alot of people on this forum and I suspect many hundreds if not thousands who have read my post may have the same problem and issues.

Yesterday I spoke to the CAB and then their head office who said that they too have been un- indated with peole contacting them about this ppi problem and IVAs.

This forum and its IVA members may need to think about posting a statement to explain whats going on. Afterall, you are the IPs, supervisors, chairmans, nominees and by all accounts the people who can properly explain why these things are happening.

Its not just my IVA company its many others and that is fact because you only have to go and read other posts on this forum dating back as far as the middle of last year...

[MelanieGiles]

Actually, most homeowners do not end up in 6 or 7 year IVAs - sorry again Terry, but you are again quoting facts that are completely untrue.

Terry - I don't really like the tone in which you interact with me on this forum. I am not your IP and I am not therefore accountable for giving you any advice. You have clearly chosen to take the route you have - and you may well have good grounds for a complaint in your specific case. Perhaps until the outcome of your own case is known, you will refrain from making sweeping statements on this forum which are based on nothing more than heresay.

Furthermore, my energies are best spent in ensuring that my own practice, its staff and our clients are looked after to the best of our ability. They chose us to represent them, in most cases after carefully considering if we were the right firm for the job. Other firms must do the same - and if they are ultimately found to be deficient in their work, they and particularly the IPs in those firms, will pay the price.

[KAYKAY]

Well said Melanie, as I have just picked up on this thread and it reads like Terry is using you to take the flack for his own situtation. Terry with all firms people can have good and bad experiences. I know people complain at times about the company I used, yet I had nothing but praise for them. Looking at the number of posts you have made, you appear to be realtively new to the forum, but again that may be mis-leading as you may have been accessing the forum for years for all know, but without posting... you see how things can be mis-leading. If you have been using the forum for a long time you will know that "Melanie Giles" as you posted (in a derogatory manner) is considered one of the best IP's in the business (no ... she was not my IP, before you make that assumption) and taking out your anger on Melanie is quite inappropriate in my opinion.

[Niobe]

Mel, along with other experts on here post in their own time to help and support those of us who need it and whilst I accept that some people have had problems, the people who post on here are only a fraction of those currently in any sort of debt solution so you cannot say quite numbers when you've no idea about it.

[sammy1]

Totally agree with you Kaykay & Niobe. Melanie and the other IP's who post on here do so freely in their own time, and are generous with their help and information, without which this forum which is a huge source of help for many people in difficult situations, would not exist.

[terrytibs55]

You have mistaken me I was not taking anything out on Her at all and maybe it was just the way I was writing. I was responding to her because she is the only professional who properly understands IVAs that has reponded on her. All other IPs have basically stayed well clear.

I am quite within my right to point out to people that there is something seriously wrong with th IVA industry and how cases are handled. This is obviously a topic of concern to many wo read this forum because you only have to go and look at how many people have read this post.

People only have to go and call the Insolvency Service customer hotline and ask them and they will tell you striaght that there are concerns and an investigation is taking place, and you can also call the OFT and they will confirm it too.

I have raised a valid and serious issue that is not just unique to my case.

This needs to be exposed so people don't fall foul to mis-advice, mis-handling and mis-leading.