www.iva.co.uk

Posted: **Tue Apr 17, 2012 1:40 pm**

I am being chased by DFD to reclaim PPI.

The letter states that I 'have a duty to assist your Supervisor with resonable requests. It will be difficult to complete your IVA until the PPI position of your IVA is concluded. I am asking once again for you to complete the claims pack and return in accordance with the instructions'

When I was first informed that I had an opportunity to reclaim mis-sold PPI from creditors, I thought hard and could not recall any PPI actually being taken out on any loans or cards due to certain medical issues not being covered. I also mentioned that it seemed pointless anyway as all my debts were with a single banking creditor, which to my understanding would mean that, if there were any reclaimable PPI's, the funds from these would be taken from one hand and put in the other.

I was not put under pressure to make a reclaim at the time and was told that the decision to reclaim was mine.

I now feel as though I am being pressurised into making a reclaim due to the 'duty to assist' comment. As with other issues I am trying to deal with, with DFD, (see VAT legislation on IVA settlement query of 28.03.12) the letter I received appeared to be a 'standard letter'. I would have thought that DFD would already be aware that I only have one creditor and at least written a more appropriately worded letter.

In addition to this I am trying to get my head around the issues of Full & Final Settlements and do not wish to start any other proceedings that could further delay the already sluggish Settlement process.

My question is therefore:
Am I under any obligation to complete a reclaim form if I only have one creditor and do not believe I was mis-sold in the first place?

[blue]I look forward to hearing from anyone who can shed light on this reclaiming situation.

Regards

Chris

Posted: **Tue Apr 17, 2012 2:03 pm**

Hi Chris, I do not believe it makes any difference if it is only the one creditor, if funds are due to you they are due to your creditors depending on the terms of your IVA. The question which is coming up a lot is where a client has no genuine claim on misold PPI - I do not believe anyone should be made to make a claim that is not genuine.

Posted: **Tue Apr 17, 2012 2:04 pm**

No you do not have to fill in the form. DfD are starting to look like schoolyard bullies over this!

If you took ppi which you wanted and were happy with then there was no mis-selling going on!

Paul

Posted: **Tue Apr 17, 2012 2:19 pm**

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

If you took ppi which you wanted and were happy with then there was no mis-selling going on

What’s being said Paul is most PPI was mis sold as even if you thought it covered you and were told so in fact most PPI policies didn’t therefore it would be mis-sold!

Im also with DFD and completed and returned the forums, i don’t see why not if there is a claim to be made why anyone would refuse to do so? they can in affect stop the closure of your IVA if they feel your not either being honest with them and no allowing them to reclaim the PPI or don’t want them to claim it for some other reason.

Arty

Posted: **Tue Apr 17, 2012 2:33 pm**

Dear Arty

Thank you for your response.

Just to clarify, I am not in any way being dishonest with DFD. I am not witholding information. I am trying to understand why I am suddenly being put under pressure to reclaim when I this was originally presented to me as an option and not a requirement.

Regards

Chris

Posted: **Tue Apr 17, 2012 2:34 pm**

The smallprint in ppi paperwork would explain it all though. I still say to put a claim in for something you were happy with just because your ip tells you to is wrong.

Paul

Posted: **Tue Apr 17, 2012 2:38 pm**

I agree with you Paul

Posted: **Tue Apr 17, 2012 3:07 pm**

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

Dear Arty

Thank you for your response.

Just to clarify, I am not in any way being dishonest with DFD. I am not witholding information. I am trying to understand why I am suddenly being put under pressure to reclaim when I this was originally presented to me as an option and not a requirement.

Regards

Chris

Hi Paul

i wasnt for one second suggesting you wasnt being honest with them, simply pointing out what ive been told when i questioned it as to why i was "not willing to put a claim in"

Posted: **Tue Apr 17, 2012 4:45 pm**

I thought IPs had a duty to act in the best interest of the creditors (or the singular creditor in this case).

Even if the PPI was mis-sold, forcing Chris to make a PPI claim against a sole creditor would result in 40% of the payout being taken by EiF as a fee, then 15% of the balance taken by DFD as a fee under the windfall provisions, leaving only 51% of the claim to be repaid to the creditor who paid it out in the first place.

How can it possibly be in the best interest of the creditor to pursue this claim?

Posted: **Tue Apr 17, 2012 5:30 pm**

Interesting point Vince.

Posted: **Tue Apr 17, 2012 10:49 pm**

My thoughts entirely Vince - it just does not make sense, especially when Chris says that he does not recall being mis-sold any PPI.

Single creditor cases are quite rare, so perhaps this one has simply slipped through the net.

www.iva.co.uk

Why reclaim PPI for sole creditor?