Clear debt, PPI, DRSP claims

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madwales
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by madwales » Fri May 11, 2018 4:03 pm
Hello, I’ve been out of an IVA for around 5 years but this week got contacted by DRSP claims regarding a PPI claim and a court ruling (Green Vs Wright). I used to be with clear debt, who I fully competed and complied with my IVA and have my certificate. I’ve never had PPI, never tried to claim for PPI, so the question I wanted to ask , from people who have more of an idea of this situation is that the letters etc that DRSP claims are sending me to fill out, and send back, do I have to do this? And if so why?

Many thanks for your help.
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Foggy
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by Foggy » Fri May 11, 2018 4:22 pm
Yes you do have to do this becuase, as ordered bt=y the courts in the Green v Wright case, PPI belongs to the creditors even if claimed after the IVA has been formally completed.
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madwales
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by madwales » Fri May 11, 2018 4:26 pm
Foggy wrote:
Yes you do have to do this becuase, as ordered bt=y the courts in the Green v Wright case, PPI belongs to the creditors even if claimed after the IVA has been formally completed.


Hello, so this form they are sending will, I presume, check if I’ve had PPI? Even though I’ve never had it?
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Foggy
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by Foggy » Fri May 11, 2018 4:51 pm
madwales wrote:
Foggy wrote:
Yes you do have to do this becuase, as ordered bt=y the courts in the Green v Wright case, PPI belongs to the creditors even if claimed after the IVA has been formally completed.


Hello, so this form they are sending will, I presume, check if I’ve had PPI? Even though I’ve never had it?


They will check, yes. I swore black and blue that I never had PPI ... never took it out (knowingly) ... They found £8.5k !
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kallis3
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by kallis3 » Fri May 11, 2018 4:53 pm
As Foggy says - a lot of people say they haven't had any when they had. Nothing to worry about
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madwales
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by madwales » Fri May 11, 2018 4:58 pm
kallis3 wrote:
As Foggy says - a lot of people say they haven't had any when they had. Nothing to worry about


Thanks both. It’s just worrying to get this out of the blue. I finished my IVA in 2011.
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madwales
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by madwales » Fri May 11, 2018 5:00 pm
Foggy wrote:
madwales wrote:
Foggy wrote:
Yes you do have to do this becuase, as ordered bt=y the courts in the Green v Wright case, PPI belongs to the creditors even if claimed after the IVA has been formally completed.


Hello, so this form they are sending will, I presume, check if I’ve had PPI? Even though I’ve never had it?


They will check, yes. I swore black and blue that I never had PPI ... never took it out (knowingly) ... They found £8.5k !


Thanks. Just was a bit of a worry hearing from this company. I finished my IVA in 2011.
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Foggy
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by Foggy » Fri May 11, 2018 5:13 pm
madwales wrote:
kallis3 wrote:
As Foggy says - a lot of people say they haven't had any when they had. Nothing to worry about


Thanks both. It’s just worrying to get this out of the blue. I finished my IVA in 2011.



With the claims deadline looming I imagine there will be a bit of a rush from all quarters to get the balls rolling.
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fubab
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by fubab » Fri May 11, 2018 5:54 pm
I have the same. I am sure I read cleardebt were no longer trading but have been in contact with David Mond who confirms they are still trading. My concern isnt about ppi - it is what it is and I know its not mine but more that:-
1. Near the end of our IVA cleardebt employed a claims company who were successful. Great as that added more to pay back the creditors
2. We signed an assignment form thus getting our completion certificate
3. We received £100 goodwill once the ppi claims had been finished
4. My details have now been passed to another claims company and David assures me even where there have been payouts - they will pay more. How does that work.
5. Cleardebt are a data controller. Why did i not have to provide consent to my personal info being sent to another company?

Did I also read here somewhere that the assignment form Cleardebt used actually doesnt work. Just wondering what happened there.

To be clear, i have no issue re ppi but i am miffed it seems to be just cleardebt and no other firm that is particularly bothered about opening up closed IVAs so I wonder how rules can vary. Im not proud of getting in a financial muddle and into an IVA so thought this was all now behind me. It is either a requirement or not surely?

Loads of questions and I am sorry but can anyone shed any light or point me in the right direction for some light bedtime reading?

Ta muchly and to everyone still in an IVA , hang on in there ☺
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Foggy
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by Foggy » Fri May 11, 2018 6:03 pm
Re 4: The reasons there are more payouts is becasuse the ombudsman keeps discovering that the banks are refusing legitimate claims still or are under refunding and the ombudsman's advice is to claim again. This tactic has produced many a refund where one was previously reported as "No refund due".

Re 5 : There is legislation in place under the Insolvency Act for the transfer of cases from one ip / firm to another when an IP ceases to act.

I have no idea whether or not the assignments used by Cleardebt work or not -- at the end of the day they are just a belt and braces job as, as confirmed by the courts in the Green V. Wright case, the PPI does belong to the IVA trust after the completion certificate has been issued.
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fubab
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by fubab » Fri May 11, 2018 6:14 pm
Thanks but the point is I have not been told my completed IVA file has been passed to another IP company. The letter from the ppi claims company says cleardebt have passed my details to them. Are you saying that all closed cases are now with another firm? If so should I not have been made aware of that?

Thanks for clarifying re ppi payout. What a nightmare.
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Foggy
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by Foggy » Fri May 11, 2018 6:31 pm
fubab wrote:
Thanks but the point is I have not been told my completed IVA file has been passed to another IP company. The letter from the ppi claims company says cleardebt have passed my details to them. Are you saying that all closed cases are now with another firm? If so should I not have been made aware of that?

Thanks for clarifying re ppi payout. What a nightmare.



No, I am not saying all closed cases have been transferred to another firm ... I think we are at cross purposes and I have the wrong end of the stick. I was talking about cases being transferred from one Insolvency firm to another. It has just clicked that you are referring to your details being passed from Cleardebt (who have recently sold much of their caseload to another firm -- hence my confusion) to the claims company.
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madwales
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by madwales » Tue May 22, 2018 10:34 am
I’m still waiting for DRSP claims to send the paper work for me to sign for them to be able to go ahead and check for PPI. They’ve said there first £500 that get back will be given to me, I’m not interested in the money, I would prefer that this not be happening but I suppose after that court case (Green Vs Wright) it’s best to just go with it. I wish clear debt could have contacted myself initially. My IVA ended in 2011 and to have it all being brought up again to the surface is quite annoying.
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madwales
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by madwales » Wed May 23, 2018 10:23 am
madwales wrote:
I’m still waiting for DRSP claims to send the paper work for me to sign for them to be able to go ahead and check for PPI. They’ve said there first £500 that get back will be given to me, I’m not interested in the money, I would prefer that this not be happening but I suppose after that court case (Green Vs Wright) it’s best to just go with it. I wish clear debt could have contacted myself initially. My IVA ended in 2011 and to have it all being brought up again to the surface is quite annoying.


Update: just received the DRSP claims lletter and form also with a letter from David Mond from Clear Debt, my former IVA company. I do now feel reassured after reading through and also David Mond’s excellent explanation.
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