Basically I completed my IVA 3 years ago f & f settlement. Recently I did a ppi claim received offer from RBS loans not in my iva,they were a creditor on following debts in my iva.I rang PAYPLAN for advice could not get through to my caseworker as my id no longer worked.spoke to their iva overspill team who advised my accounts were all closed they would email my case work team to contact me.THis was 3 weeks ago noone has. I accepted the RBS offer and yesterday received cheque for interest and letter advising balance been sent to their credit/collections team.. I rang them they had no record or accounts on their system i explained about old iva gave me phone number of rbs iva settlements team .I spoke to them they told me iva completed 3 years ago completion certificate received etc. their view was money should have been returned to me and told me ppi concerns team could only tell me where it was sent.spoke to ppi concerns team could not tell me said they would have have to email ppi payments team to investigate and wait 5/6 days for them to update system for them to advise me. I do remember payplan used RBS banking and I have seen on internet payplan advising clients who claim ppi in an iva can keep interest payment so I am wondering now if balance has gone to payplan rbs ? is this possible can anyone advise if this is allowed even though everyone is telling me all my accounts are closed.I really did not consider IVA would be a factor in PPi as it wasnt even heard of when i started and completed my iva. Any experts who can advise I would be greatful, as i said earlier I have tried to talk to payplan who were always helpful in my iva but i am assuming as i am no longer a client now why their not returning my calls.Is this more likely to be a mistake by RBS or could they be transfering money between ppi and payplan rbs account without even involving me? help anyone ? be very greatful of any clarity
Hi. I can't comment upon the fine detail, but, personally, I would not be putting up with being messed around and would write to RBS demanding the return of the monies rightfully due with immediate effect. If the matter isn't dealt with satisfactorily within 28 days it will be referred to the Financial Ombudsman.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
It is difficult to comment when we have no knowledge of your actual case of the terms of the IVA you entered into with your creditors. But one thing I can confirm is that the right to the PPI claims arises at the time the product was sold and not at the time that the claim is agreed and paid to you.
I suggest that you contact Payplan to see if they believe they have any right to the monies, and if so on what grounds.
Thanks Melanie , I have tried to contact payplan. I cannot even get throught to my caseworker as my id doesnt work . I have spoken to iva overfill team who told me my accounts are all closed they would email my old casework team to contact me who havent . That was three weeks ago ,I have left 2 answer machine messages since .I looked through my original iva agreement no mention of ppi well it wasnt even a topic then and only mention of assets was in debtors proposals 1.8' all of my assets at the date of these proposals are being excluded from this proposal' At the time i assumed this was because it was agreed I could keep my car for work etc. Would this mean that if ppi not claimed but was sold to me prior to my iva then was considered an asset at the date of iva proposal so was actually excluded by this clause anyway then ? There is debtors clause 1.3 refering to assets,gifts, material sums received during the arrangement and material sums of money but if ou are saying ppi was an asset when iva proposed so would the clause 1.8 exclude it then ? so confused and stressed with it all. I feel I am just in limbo waiting for RBS to find the money or tell me who now has it ?
I don't think that anyone realised the possibility of the explosion of PPI claims three years ago clearskys, but perhaps Gemma, the Payplan representative on the forum, can direct you to the most appropriate person to look into this for you.
I cannot really advise you on tne wording of that clause in your proposal in isolation to the rest of the IVA. Wait for Payplan to get back to you, and seek their advice.
