Waiting for closure from GT. Can I check for PPI myself or do I have to give them permission ?

[Shaun.cc]

Iv recently had a letter from GT asking me to give them permission to collect PPI on my behalf now Im effectivly at the end of my IVA and just waiting for closure is this somthing that I need to do or can I check myself?

[Adam Davies]

Hi and welcome

You can claim yourself but there will be no benefit and may well prolong the agony of not receiving your completion certificate

I would just comply and try to chase up your certificate, there are plans for these to be released whilst PPI claims are ongoing.

Regards

[nickjohn]

As Andy says there will be no benefit to yourself if any PPI is due as it will all go into the IVA pot. You should only sign the paperwork if you feel you were miss sold PPI, if you were not miss sold it then tell GT you do not want to sign.

Ultimately they are saying that if you sign then they will issue your completion cert but this will not be the end of things as you will then have to deal with EIC and help them chase the PPI.

[MelanieGiles]

Make sure that any PPI mis-selling claim monies you are entitled to are actually assets captured by the IVA in the first place. Not all proposals provide for this, and you may find that you are the true beneficiary of the cash.

[nickjohn]

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

Make sure that any PPI mis-selling claim monies you are entitled to are actually assets captured by the IVA in the first place. Not all proposals provide for this, and you may find that you are the true beneficiary of the cash.

I thought all IVA's had the "all assets" clause hence everyone being told to give authority to chase PPI. Surely if in this instances the PPI was not captured by the IVA then the IP would know this and if they are still chasing the client to sign the document so they can chase the PPI for the benefit of the IVA then this could be seen as slighly unethical to say the least....

[Shaun.cc]

The only PPI I know I had is from a few years before I took out the IVA and was with a creditor not attached or part of my IVA?

I guess I have to just sign and get my certificate then?

[MelanieGiles]

No - Standard IVA Protocol cases were not designed to be "all-assets" cases, although most of us adapted them to be so when the PPI issue rose its head in 2011. All cases which have adopted the R3 terms and conditions are automatically "all-assets" cases, and some bespoke cases may not have included that provision either.

It does pay to check, however there are arguments in circulation that the assets should have been dislosed and therefore failure to do so reprsents a default on the part of the debtor - so to avoid failure, the debtor ought to agree to include any gains into the IVA. Our regulatory bodies have warned against IPs exerting unfair pressure over the clients to bring in monies they are not entitled to - but I have seen no real evidence of this occuring practically - as with most things sensible compromises seem to be working between IP and client.

[nickjohn]

As Mel says check your paperwork, if it is not an asset of the IVA then claim it yourself and keep it. If you sign the paperwork then you are making it part of the IVA and just giving it to them.. GT make 15% off the money received, the PPI claims company make 30% or more, so not much gets back to the creditors.. If you can grab it yourself then go for it..

[Shaun.cc]

I thought as much just listening to the big companies and signing away pieces of paper is what got everyone into the PPI mess in the first place, so what is the best way to find out if I have PPI owed to me?

the thing that does my head in too the come along with this after iv made all my payments and want my cert.

[nickjohn]

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

No - Standard IVA Protocol cases were not designed to be "all-assets" cases, although most of us adapted them to be so when the PPI issue rose its head in 2011. All cases which have adopted the R3 terms and conditions are automatically "all-assets" cases, and some bespoke cases may not have included that provision either.

It does pay to check, however there are arguments in circulation that the assets should have been dislosed and therefore failure to do so reprsents a default on the part of the debtor - so to avoid failure, the debtor ought to agree to include any gains into the IVA. Our regulatory bodies have warned against IPs exerting unfair pressure over the clients to bring in monies they are not entitled to - but I have seen no real evidence of this occuring practically - as with most things sensible compromises seem to be working between IP and client.

An interesting point.
As most of the people currently being "asked" to sign the PPI paperwork are at the end of their IVA then they will have started prior to 2011 so before R3 was introduced.
Therefore a lot of them would not have the all assets clause and are being "asked" to sign up for the PPI reclaim by the IP whilst the IP must surely be under the knowledge that without it the client could theoretically claim the PPI and keep it...

As for undue pressure, I had a call from GT re the MVM letter and was told I had to sign it or I would be in breach of the IVA. It was only after I pointed out that the letter actually stated that I did not have to sign it if I did not want to that they changed tack and started saying it was my duty under the IVA to re claim PPI and therefore had to sign, they also said I had to use their nominated claims company.

It was only after I pointed out that I had actually made a claim and had put 100% of it into the IVA pot that they back tracked and then said they would take my name off their data base and would not chase me again.

I checked if the caller was GT or Creditfix / EIC and they categorically stated they were GT, albeit working out of the EIC office in Scotland.

You must agree very confusing and miss leading.....

[nickjohn]

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

I thought as much just listening to the big companies and signing away pieces of paper is what got everyone into the PPI mess in the first place, so what is the best way to find out if I have PPI owed to me?

the thing that does my head in too the come along with this after iv made all my payments and want my cert.

Go on the "moneysavingexpert" web site and they have all the info you would need to make a claim, step by step instructions and sample letters. That is all I did and it worked for me I put nearly £10k into my IVA from it.

[nickjohn]

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

No - Standard IVA Protocol cases were not designed to be "all-assets" cases, although most of us adapted them to be so when the PPI issue rose its head in 2011. All cases which have adopted the R3 terms and conditions are automatically "all-assets" cases, and some bespoke cases may not have included that provision either.

It does pay to check, however there are arguments in circulation that the assets should have been dislosed and therefore failure to do so reprsents a default on the part of the debtor - so to avoid failure, the debtor ought to agree to include any gains into the IVA. Our regulatory bodies have warned against IPs exerting unfair pressure over the clients to bring in monies they are not entitled to - but I have seen no real evidence of this occuring practically - as with most things sensible compromises seem to be working between IP and client.

Hi Mel, As usual this whole thing gets me going round in circles and my little man brain gets confused.

I have checked my records and I have an IVA which was established under the "2008 IVA Protocol Standard Terms and Conditions". I have found a copy of the 2008 one and all it says about assets is that they must be reflected within the statement of affairs, nothing about "all assets" or anything. From your experience would this imply that my IVA does not have an "all assets" clause. I realise that any feedback given is purely based on your experience and not a reflection of my own IVA..

[MelanieGiles]

R3 terms and conditions have been around much longer than 2011 nickjohn - I don;t know exactly when they were introduced but I am sure they were around when I started doing personal insolvency work in the late 1990's.

I am sorry but I really cannot advise you on the specifics of your own case. If you feel that you have been treated inappropriately, I suggest that you ask your IP for a detailed note of why they feel the PPI belongs to the IVA, and under what provisions in the contract. Then if you still feel this is not correct, you can either take the matter to Court or to the IPs regulators.

[nickjohn]

Hi Mel, So which terms and conditions take precedence, the protocol or R3 as both seem to be slightly different. I am assuming I am looking at the correct R3 ones "Standard Conditions for Individual Voluntary Arrangements" V.3.0 January 2013.

[newtoallthis]

Just to add to the PPI issues - I am reclaiming PPI myself instead of using any claims companies and so far between getting debts reduced and monies refunded I am at approx. £30,000 - no fees to be paid. My IP company are aware I am handling these myself and as long as I keep them informed have no problem with this. At the present time they have told me to keep hold of the funds until PPI issues and whether they are to be paid across have been solved.