I do not understand why the VAT issue is causing GT these problems. Many, if not most, firms have long since dealt with this -- without any need for variations. Incidentally, Winston, IP's benefit very little, if at all, from the Paymex case, as all reclaimed VAT is payable to the creditors, and the whole exercise requires many hours of extra work.
rbc -- they have the ultimate sanction of failing the IVA for non compliance. BUT they can only do this if you act at variance to the original agreement -- they CANNOT force amendments upon you.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I made my final payment with GT last month and have agreed to the variation and my ppi claim is in the works.I will continue to abide by the the terms of my iva untill my cc arrives after that point i will not be declaring any thing or sending annual reviews i will only respond to the ppi claim.
I dont see the need to worry about this when you have made your payments its done enjoy the rest of your life
...if only, Debtanator ... if only ..... Read what you have signed -- irrevocable authority to investigate PPI and ANY OTHER potential assets at any time in the future.
You will be expected to pay over windfalls, too, until you get that certificate, which for some so far, has been nigh on two years !
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Thank you so much all of you. I am beginning to find a little comfort, if only by discovering we are most definitely not alone in our situation.
Winston - I have asked for a copy of my original agreement (mine put away in one of those safe places that you can never find again!!) and I intend to do exactly as you did starting with emailing our supervisor. Thank you so much!
Debtanator - I strongly suggest you take heed of Foggy's comments and maybe read all earlier posts on this topic, paying particular attention to the following -
''GT, on the other hand, are asking for an irrevocable and perpetual authority to investigate / claim ANY assets at any time in the future. They also, it should be also noted, do capture windfalls any time up to the issue of that certificate !''
Foggy - thank you again. Please clarify I have understood this correctly - if I do not sign a variation they will not have my consent to investigate PPI?? But this does not warrant a failed IVA if I agree to investigate PPI myself & pay back any refund I may get to the creditors?? The way I see it is I can only be in breach of my IVA agreement if I do not have PPI investigated one way or another??
Sorry to go on - but it is just so reassuring to hear the advice on here & its possibly the best thing I have done since all this stress begun!
If you are happy, Debtanator, I am happy for you too
rbc: If you do not sign the variation, the IVA should not fail as long as GT are happy with your investigations (which way they will go with this is entirely down to them). Winston's Declaration of No Claim seems to be the way to go --- they were issuing these some time ago, but stopped, preferring to pursue investigations -- but it would seem Winston might have re-opened that route.
All that said -- there have been many instances of PPI being investigated without the client's authority --- in these cases I would think the IP is falling back on the original authority to deal with creditors given when Nominee.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Winston123
Hi rbc1010,
I too was in the same position as you and have finally made GT see sense and issue me with a DONC (Declaration Of No Claim) plus, I will NOT need to sign the Variation paperwork. I was getting more and more frustrated with the excuses GT were giving for witholding our CC and after several e-mails and phone calls managed to get it sorted.
I checked on my original contract that myself and wife signed and it stated that our IVA shall NOT run any longer that 72 months. I e-mailed my supervisor with these facts, stating I intended to make a complaint to the IPA as seeing as this time had elapsed without GT applying for an extension to the term, they could not delay the issuing of our CC, plus, any variation to the terms of contract would be meaningless as the contract has run its course.
I had an e-mail from GT's Recovery & Reorganisation manager saying that we do not need to sign the variation and our CC would be issued in due course. I then had a phone call from the Recovery & Reorganisation administrator a few days later asking me to sign the variation form as "it is in our best interest" to do so as otherwise it will delay the issuing of our CC ???
After a rather heated conversation I was told one of the reasons why it was "in our best interest" to sign, was that within the new terms of the variation was the ability of our supervisor to claim back the VAT on their fees as one IP had successfully won a court case to allow them to do this [:0]
So it seems, as a precedent has been set, other IP's have jumped on the bandwagon in an effort to claim back VAT, plus at least an extra 15% off any PPI claims recovered in addition to the threat of claiming any windfall in the future [V]
Check your contract and see how long the term is set to run for, contact your supervisor and ask for clarification if your creditors have been paid as they should have had their final meeting with them by now, and stick to your guns in regards to NOT signing the new agreement terms.
Best of luck to you.
Hi Winston123 - well after your reply I could not wait to call GT this morning which I did at 9am prompt. After probably a similar heated discussion to the one you had with them they were very intrigued to find out more details regarding the case I was telling them about. I obviously was not about to disclose details other than the relevant ones. They told me in a veiled manner that what I was telling them (about your dealings) could not happen and stated it was crucial they knew the managers name that had sent you the email. Please please would you be happy to disclose JUST this to me, so that I have more ammunition when (IF) I receive a call back from the so-called superior person that is going to call me back!!!
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy
...if only, Debtanator ... if only ..... Read what you have signed -- irrevocable authority to investigate PPI and ANY OTHER potential assets at any time in the future.
You will be expected to pay over windfalls, too, until you get that certificate, which for some so far, has been nigh on two years !
Debtanator- why do you think you've been asked to sign a variation when GT already have the right to chase a closed (certificate issued) IVA for PPI as the law stands now? What exactly does the variation give them that they don't have already?
In my personal opinion after everything I have now learned thanks to this forum, I feel that rather than the variations GT or other IP's are asking us to sign, it would be far more ethical for the IP's to be giving us the option of signing (a) the variation OR (b) the option of signing a Declaration of No Claim (DONC) with regards to PPI.
I cannot understand why we have to go through all this worry and stress and constant phonecalls to IP's before we finally get heard and given some honesty and empathy!!
This forum has helped me so much and thinking positively I can now see a tiny flicker of light at the end of the IVA tunnel!!!
Debtanator - I too am happy if you are happy, however I am a firm believer that there is no smoke without fire and that there are too many people on here with the same doubts & suspicions!! Good luck to you.
Kittyface if some people have been waiting 2 years for there certificates because of this issue this variation will sort it.. simple.
Remember PPI is not the only asset there is also late payment charges,missed payment charges etc that will go into the iva pot
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by rbc1010
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Winston123
Hi rbc1010,Please please would you be happy to disclose JUST this to me, so that I have more ammunition when (IF) I receive a call back from the so-called superior person that is going to call me back!!!
Thanks for all your help.
rbc1010,
I would love to private message you the details but unfortunately, the E-Mail service has been discontinued apparently.
What I suggest you do is get hold of your original (or copy of) the agreement you signed at the start of the IVA, check the terms and see how long the agreement is set to run (mine clearly stated NO longer than 72 months), E-Mail your supervisor and ask what status your IVA is at, specifically if the creditors have had their final meeting (you should have sent them your final years payslips for the creditors meeting). If the term of the agreement has run over the agreed time limit, point out that any changes to the original T's & C's are meaningless due to GT themselves breaching the agreed contract.
If you are sure that you were not mis-sold any PPI on any of your debts, let the supervisor know and state clearly that any PPI you did sign for, you agreed to it and knew it was necessary for yourself and competitive.
I would also ask for any correspondence be conducted via E-Mail as you will have written proof if you decide to take the matter further and start a complaint with the IPA.
Keep your spirits up, and best of luck [:)]
Winston123
I know - I tried to email you initially and realised I couldn't. Anyway, today has been very positive for our situation, based on the info you gave me previously!
My original agreement stated exactly as yours did (72 months). I attempted to contact my supervisor, but was informed he was busy at this time and would contact me over the next couple of days.
Then - amazingly I received a call from Karol @ GT. I was very hopeful as soon as I knew it was the same Karol I have heard lots of positive feedback about on this forum. May I say I agree with it all. She was very informative, empathetic and clearly willing to listen to what we wanted and help us get the desired resolution.
To cut a long one short - we too have now been offered a Declaration of No Claim to sign and assured that provided a small out-standing deficit on our part is cleared, we will be in receipt of our CC by May 2013 - which will still be within the 6 months time frame GT state it can take to receive a CC from the date your final payment was made.
Thank you again Winston123 - sharing the info you had re. the DONC has proved invaluable to our case and it's very much appreciated.
Last edited by rbc1010 on Mon Mar 04, 2013 7:55 pm, edited 1 time in total.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>]Originally posted by Debtanator[/i]
Kittyface if some people have been waiting 2 years for there certificates because of this issue this variation will sort it.. simple.
Remember PPI is not the only asset there is also late payment charges,missed payment charges etc that will go into the iva pot
Debtanator - Legally, they can issue certificates and then chase PPI afterwards - that's all I'm saying - so what is changing? They don't NEED a variation to do that. That goes for all the things you mentioned too. If it can be classed as an asset when the IVA started, there's no need for a variation, so why insist on one if it's not gaining them anything?
Last edited by kittyface on Mon Mar 04, 2013 8:39 pm, edited 1 time in total.
Kittyface who knows eh there are more options coming to light every day you just need to choose one.. from my point of view i have made my payments and covered my bases if GT want a money grab for PPI or VAT so be it i cant call them greedy i am a reformed gambling addict
