First dispute - aperture ppi

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Williteverend

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Post by Williteverend » Wed Oct 09, 2019 4:06 pm
Hi, I had an iva(interlocking with GT) from 2011 and finally completed March 2017 with my c.c. we had the whole issue of the 'spotty envelopes' years ago with aperture and the PPI thing.
Anyway back to this year and FDM, we too received the forms and I took great issue with the T&C s so refused to sign after speaking to them.
Today I've received a letter from Phoenix grp acting for a creditor advising me they can't issue any further payment for my PPI claim which was paid Nov 17 into iva....intrigued I called them and they said they had been instructed by FDM to recover PPI!
TO BE CLEAR I FILLED IN NO FORMS AT ALL

I called FDM, spoke to 'Nico' who confirmed yes I declined by call 23rd July but 'MY SUPERVISOR AT APERTURE HAD EXERCISED HER RIGHT TO INSTRUCT THEM ANYWAY IN ACCORDANCE TO PREVIOUS PAPERS'
He said ' a huge amount of your debt of written off so they can do this, they are owed this and you don't have to do anything anyway!'.

I was so shocked he didn't what I was saying, my iva was completed and we had fulfilled our contractual obligations and agreements/payments. However he was more interested in the court hearing and the difference between what we paid and what we had written off - in his words 'they are owed this'.
I am livid! How can a company continue to have this hold over you and pick through your financial affairs years after you have completed your agreement and without further written agreement.
Will they continue to do this forever.!!???
The iva was suppose to run for 6years but this turning into a life sentence to constantly beat us over the back with. At what point will aperture let us go???.
For all you others that didn't sign either I would call and check whether they have been instructed anyway! What was the point of the written authority request I asked!!!!...apparently to give us the opportunity on the interest!
Surely aperture can't do this????
FDM tel: 0161 821 1280.

kallis3

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Post by kallis3 » Wed Oct 09, 2019 4:19 pm
PPI was always owed to your creditors unless you paid back your IVA 100p in the pound.

You are free from your debts and you can make a complaint about Aperture if you wish to do so.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Williteverend

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Post by Williteverend » Wed Oct 09, 2019 4:41 pm
I understand PPI belongs to the creditors, and don't have a problem with it at all and full complied with every request and form. Apperture have already been successful with PPI (I know the ruling means they can try and go back for more) and I was happy to let them have it. What I wasn't happy with was the t&c of FDM in particular conditions to request access to future financial affairs years after you have completed your agreement. It was too broad and vague and gave no completion to their involvement, I wasn't prepared to sign away all my future information. I don't see they the right to that, however aperture seem to be able to act and instruct solicitors anyway without any new consent, and access my finances without any written permission.
Despite my iva agreement now completed, they are able to continue to do whatever they want regardless of consent....

kallis3

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Post by kallis3 » Wed Oct 09, 2019 4:55 pm
Sorry to be thick but I have no idea who FDM are.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Foggy

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Post by Foggy » Wed Oct 09, 2019 4:56 pm
I altered my FDM Ts&Cs to limit the permissions to matters dated before the completion date of the IVA. Should I become aware that they are accessing information after that date I will be lodging a complaint with the ombudsman and the ICO for invasion of privacy.

Now,in your particular case ...have they accessed any information after the date of completion ? I fear that information prior to this time would be fair game as you authorised your IP to take reasonable steps to secure the best return to the creditors and tracking down an asset which the courts have already ruled belongs to the creditors would, in all probability, be seen as reasonable.

The purpose of the FDM letter wasn't so much to give them authority, but a belt and braces job, as well as the seeking of any further information which could make their jobs easier (which I also declined to give ... they want 30% they work for it, not me!).
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

Foggy

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Post by Foggy » Wed Oct 09, 2019 4:56 pm
Wed Oct 09, 2019 4:55 pmkallis3 wrote:
Sorry to be thick but I have no idea who FDM are.
Apertures latest claims company.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

kallis3

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Post by kallis3 » Wed Oct 09, 2019 4:58 pm
Thanks Foggy!!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Williteverend

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Post by Williteverend » Wed Oct 09, 2019 7:32 pm
Thanks foggy, I remember reading about how you changed yours at the time. I changed mine and had it ready to post when they called me so I checked with them about it, they said if I altered the form in any way it would be 'null in void' and not accepted, and so the sent out a 2nd set of forms which after consideration, I spoke to them and said I didn't agree with the conditions so I couldn't sign it.
I was only made aware of their involvement today purely because they tried to claim from a creditor who had already paid PPI and told me no more was coming. Otherwise I would have still have been none the wiser that Aperture instructed them anyway.
At the moment I have no idea who they have contacted...as you say I presume it's the previous list of creditors which they're welcome to have another go at but it doesn't sit well with me that no new instructions were needed for this bearing in mind the pile of previous forms needed each time over the years when a new firm were instructed.

magicsam

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Post by magicsam » Thu Oct 10, 2019 12:23 pm
There are guidelines on the principles covering letters of authority here

https://www.bba.org.uk/policy/retail/co ... omplaints/

I've no idea whether it is in any way enforceable but the scenario you describe falls foul of pretty much all of them.
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