PPI to aperture

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deb628

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Post by deb628 » Wed Oct 14, 2020 12:13 pm
Sorry meant to say spoke with jarvis last Monday and they advise get in touch with ip and iva Trust which I did

deb628

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Post by deb628 » Mon Nov 02, 2020 2:58 pm
Just a quick update
A month on and all I'm getting from apeture is the Green Wright case in which seems like they are either unwilling to look any further into this or its just generic.
I will keep plugging away though if it goes to them all well and good a bit more off original debt but I just want to make sure everything is as it should be

Graham R Jones

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Post by Graham R Jones » Tue Nov 03, 2020 12:50 pm
Hi, I hope it's okay if I can add to this thread rather than start a new one ?
I believe I too have foul of this ?
I received a letter yesterday from Barclaycard stating they have investigated the claim for PPI and can award me just over £8500. The letter goes on to say because we (myself and my wife) were subject to an IVA, the payment will be made out to Aperture.
We completed our IVA around six years ago with Grant Thornton, have our certificate of completion and letter stating all creditors have agreed to the final payments. Upon phoning Barclaycard, the assistant said a third party obtained our permission to claim for this PPI which we had definitely not, in fact the letter from Barclaycard was the first we had heard about it. I've tried to contact Aperture who I believe have recently been taken over / bought out by Jarvis.
I've contacted Jarvis and am awaiting their reply. In the meantime, the automated email reply from Jarvis states any prior IVA's completed before they took over from Aperture cannot be processed by them so I'm bewildered why Aperture would be claiming PPI that we had no knowledge of, or gave permission for them to chase ?
It seems they want to claim monies back from our PPI, but seeing as our case is closed and all our creditors have agreed to take no further action, I believe they are trying to just keep the PPI payment for themselves !
Any help or advice the collective brains here will be greatly appreciated.

Foggy

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Post by Foggy » Tue Nov 03, 2020 1:17 pm
Graham -- please have a look at my reply to Kathleen on this post: mortgage-protection-insurance-t89844
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

Graham R Jones

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Post by Graham R Jones » Tue Nov 03, 2020 2:02 pm
Thanks Foggy, that's what happened to us, we completed our IVA with GT, then the spotty letters started arriving which we at first ignored, then got in touch with them to stop sending them as we weren't interested and were sure we didn't have any outstanding PPI.
That must have been around 2014~15 and we have heard nothing since the letter yesterday.
Can you please give me any advice what to do next ? Obviously, from a purely selfish standpoint I'd prefer the PPI to come to me, but if not, where will it / could it be distributed to if all my creditors and debts have been paid and agreed ?
TIA.

Foggy

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Post by Foggy » Tue Nov 03, 2020 2:25 pm
After the recent court case confirmed that PPI is due to the IVA estate, even after completion, due to the trust created by the arrangement (known as a Gallagher Trust, following on from a court case some years ago) Aperture have been relentless in gathering as much PPI as possible. Some, but not all by any means, full and final offers were worded to actually sever this trust, but in moist cases it doesn't --- the words 'full' and 'final' meaning neither of these things --- and was merely a moratorium on regular payments. An arrangement that ended 'naturally' would, in all probability, still have the trust enduring and, so, PPI or similar would still be payable to the IVA.

That all said I believe that the IP should still be obliged to account for these monies in an updated completion statement. They should distribute the funds pro-rata to the original debt amount between the creditors and account for that distribution. If I am ever in this position I will be demanding such a reckoning and complaining to the IPs regulatory body if such is not forthcoming. Of course, there is always the possibility that the IP is no longer practising.
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

Graham R Jones

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Post by Graham R Jones » Tue Nov 03, 2020 3:04 pm
Thanks Foggy,
It's maddening to know this can happen after the years of believing we were free from them. What's worse is dependent on the wording of the f&f agreement, they can still chase money ! What's to stop them asking for further payments is for instance we win the lotto or big cash prize in a competition ?

Graham R Jones

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Post by Graham R Jones » Tue Nov 03, 2020 3:08 pm
Oh, one more thing. You mentioned "if the IP is no longer practicing".
Does this mean that seeing as GT is now no longer, the subsequent owners don't have a right to claim after the IVA is complete ?

Foggy

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Post by Foggy » Tue Nov 03, 2020 3:37 pm
The difference here is that PPI arose, although none of us knew it at the time, before the IVA and was, therefore, captured by it. This would also apply to a lotto win or inheritance that happened prior to or during the IVA that you have only just found out about (great great grandfather or a Nigerian Prince with your surname who died and the papers have just recently surfaced sort of thing). If you win the lottery or Great aunt Matilda leaves you her Picasso now ( after the IVA) they have no call on it .

When IVAs move from firm to firm either the IP goes with them or, more commonly, the courts approve the appointment of a new supervisor. I have no idea what happens to a legacy case, though I imagine it would take a court case to decide.
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

Graham R Jones

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Post by Graham R Jones » Tue Nov 03, 2020 3:52 pm
Thanks once again Foggy.
I'm determined to get to the bottom of this not just for my own piece of mind, but hopefully for others who are in the same / similar situation.
If the reclaimed money is indeed being used to continue paying off the creditors, all well and good. However, if it's the case the IVA practice is "pocketing" it, then they must be brought to book.

deb628

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Post by deb628 » Thu Feb 25, 2021 10:56 am
Just an update on ppi situatioApeture recieved ppi on 6th of November and said a statutory interest net of realisation costs would be sent to ourselves within 90 days yet this is what it says on their automated response form

You will be entitled to receive the Statutory Interest element (net of realisation costs) on a successful claim if this was included in your IVA terms.
You will be entitled to the Statutory Interest element (net of realisation costs) if the claim has been recovered by FDM, irrespective of the terms of your IVA.
In order to calculate your Statutory Interest payment, Aperture will require a copy of the offer letter from the lender which shows the Statutory Interest figure.
We aim to pay Statutory Interest by the end of the month following which the mis-sold PPI payment was received by Aperture. For example, if the payment was received on 10 October 2020, the payment should be sent to you by the end of November 2020.
Please be aware that where Statutory Interest is not paid within the approved timescale, this is almost always because Aperture has not received a breakdown from the

After numerous emails back and forth getting nowhere expect g this to be sorted by now today I got a response saying they haven't completed the monthing banking and they are hoping yes hoping this will be done in the next week
What a joke either pay it or don't but 4 months is a bit long to drag this on for

Rant over :D
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