Completed my IVA in 2011 and in the last two years I have successfully reclaimed some PPI, which has already been spent, was contacted yesterday by a company called DRSP working for Cleardebt who ran my IVA regarding some forms i need to sign about PPI..How do I stand on the reclaimed PPI I have already received
Technically, as things currently stand. PPI still belongs to the IVA / creditors even if claimed / paid out after the IVA has completed. Some IP's are not intersted in post completion PPI and, in some cases, it is simply not economically viable to re-open old files and re-contact former creditors ..... but that is all for the IP to decide.
This is further compounded by the fact that many firms use Deeds of Assignment or otherf orms of agreement regarding PPI whereby ownership of any refund has been transferred to them.
I would query who DRSP are working for as Cleardebt is no longer trading. Live cases were transferred to Aperture and I am guessing there is no responsible party overseeing old completed cases.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Visit my blog here : http://foggy.blogs.iva.co.uk/
As Cleardebt as the data controller no longer exists and had shown no interest in reclaiming PPI over the intervening years Aperture/DRSP will need to clearly identify what gives them the legal basis to deal with this now,
Send the forms back to DRSP stating that you have never consented to your information being shared with them and ask specifically who has instructed them to act at this point so that you can make a formal complaint.
Highlight the changes required linked to new data protection legislation and PECR.
Thank you for your replies, it has also come to light that the pack they sent me has also been sent to a previous address and it contains details of accounts with numbers from my previous IVA which is a bit worrying!!! It seems to me that with the deadline for PPI reclaim coming quickly, Cleardebt have appointed a claims company to do their digging for them at a cost of a 33% fee. Am I legally bound to let them have my signature on these forms or can I tell them I will look into the PPI on the accounts they have stated.....Many thanks again...