www.iva.co.uk

Hi

I took out an IVA with RSM Tenon over 5 years ago, and made the final payment in November 2011, I have yet to receive a completion certificate,

I today received a letter from them, asking me to authorise a company to claim back PPI, the 3 loans they mention I know I did not take out PPI.

Do I need to authorise these forms , Am i in breach of my IVA if I do not.

Many thanks

I would write to them and confirm that you have no PPI to reclaim from these companies and see what their response is.

Thanks for the reply, if I did take out PPI on one of these, would I be in breach of not filling out the forms, especially after I belive my IVA finished 5 months ago

Tell them to stop wasting time trying to pursue non-existent claims and get on with closing your case.

Why do firms have to wait until the closure process to bring this up - surely it should have been dealt with months ago?

It feels like a real setback, when I received the letter from a courier, thought it was my certificate, only to feel that now much investigations are under way, and I'm not sure what I am signing as it says if we get back £1500 your fee is £300[:0]

This is a grey area at the moment as some people took out PPI knowing exactly what they were doing and they should not be made to claim.

If you were missold then you should sign these forms. You should not have to pay this fee, it should come from the amount claimed. The rest will go to either the original creditor or be split between all of them. Either way they will get a better dividend.

My firm WILL be failing ivas over this. They have two clauses to bring into action; one is preventing the supervisor from maximising creditor returns (something along those lines, I forget the exact wording). To be very clear - we are not trusted to know whether we took out PPI or not so not completing the form isn't an option.

This is still an ongoing issues, especially around the legalities of witholding the closure of cases around the refusal to claim PPI!

As BoL says many have told their IP's they havjnt taken out PPI but there told to sign the paperwok anyway just 'to be sure' there isnt a claim!

I really don't see how an IP firm can fail a case simply because a client refuses to lodge a mis-selling claim. How can you prove that something was mis-sold at the end of the day unless the client makes a complaint - unless it is blatant like selling something to someone self-employed for instance who may not have been able to lodge a claim on the policy.

If you haven't got a claim to make, and your IP firm merely wants this confirming, I would send the paperwork back stating this leaving one less barrier to your case being concluded.

At the risk of sounding cynical, I suspect the reason these IP firms are so keen to pursue PPI claims, even when the debtor is adamant they were not sold PPI, is because they will charge a fee on the amount received, just like any other windfall.

Delaying closure of cases for such blatant profiteering must surely put them in breach of regulatory rules.

I've heard nothing from Payplan yet about this nor read anything on the forum about anyone being told they have to make a claim.

Be interesting to see if they jump on the bandwagon.

I had a client a few years ago who had a £25,000 consolidation loan with a further £12,000 PPI added on. He was paying back over £50,000 over a ten year period and the PPI excluded 'acts of war'.

I would say the client had grounds for mis-selling as he was a soldier!!

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

I had a client a few years ago who had a £25,000 consolidation loan with a further £12,000 PPI added on. He was paying back over £50,000 over a ten year period and the PPI excluded 'acts of war'.

I would say the client had grounds for mis-selling as he was a soldier!!

Ha Ha hA you know they wouldnt stop at nothing previously for anyone to take on the massive extra debt of PPI would they!! It amazes me the amount of stories coming out about the underhand selling, im assuming a lot of PPI was sold on a comission basis to staff members at the creditor companies?

I got a PPI letter from the company that RSM have chosen. I really didnt mind because although I think that only MBNA mis sold me PPI and only for a short period, I reasoned that they might as well query with the others as I couldnt be certain.
However, I knew for a fact that our mortgage provider hadnt so I rang the company, told them, an they had no problem with that at all, they just told me to write "NO PPI SOLD" on that authorisation form and return it with the rest.

As far as I am aware Tenon are, at present, only recommending completion of these forms. I have yet to get one, so couldn't be certain.