Hi
So I finished my Iva in 2015 , so just over 4 years ago with DFD, it has since been taken over by Aperture. My question is regarding ppi , I received some ppi payments which I presumed were ok to take as finished my iva years ago , however Aperture are now asking for information from these companies regarding ppi , if they find I’ve received funds will I have to pay it back to Aperture , not sure where I stand and wouldn’t be able to pay the money back now as spent as received it in 2017 , just worried about what might happen
I believe you have to give any ppi to the ip to disperse to your creditors regardless of whether you have finished the iva. PPI I received in 2017 was given to my creditors even though I was discharged in 2012 ! I didn’t get a penny and was told I never would. They may ask you for it but if you have spent it I don’t know
They could ask you to repay it, but, unless you signed a deed of assignment or one of their infamous "spotty letters", you could argue that you acted in good faith as they did not advise you regarding the claiming of PPI in the future and they bear some of the fault for their omission.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Thu Jul 04, 2019 3:01 pmFoggy wrote:
They could ask you to repay it, but, unless you signed a deed of assignment or one of their infamous "spotty letters", you could argue that you acted in good faith as they did not advise you regarding the claiming of PPI in the future and they bear some of the fault for their omission.
Hi
Thanks for you response , I’ve not signed anything and was never told by DFD about giving them any thing after 4 year gap , what is the “ famous spotty letter “ wasn’t sure what that was ?
A lot of people had that to do with PPI. However it could be due to your IP so I would check with them.
Sharing from experiences of dealing with debt
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Your IP is your insolvency practitioner, your supervisor. This is not the person who answers the phone or handles the day to day stuff, he or she is the person legally responsible for running your IVA.
"Spotty Letters" are letters that Aperture, when they were Grant Thornton, sent out to get conditions changed when they took over cases and to get formal ownership of future PPI refunds. This was before the courts actually ruled that PPI belonged to the IVA even after closure. So called because they arrived in A4 envelopes covered in large pink or purple spots !
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Fri Jul 05, 2019 6:50 amFoggy wrote:
Your IP is your insolvency practitioner, your supervisor. This is not the person who answers the phone or handles the day to day stuff, he or she is the person legally responsible for running your IVA.
"Spotty Letters" are letters that Aperture, when they were Grant Thornton, sent out to get conditions changed when they took over cases and to get formal ownership of future PPI refunds. This was before the courts actually ruled that PPI belonged to the IVA even after closure. So called because they arrived in A4 envelopes covered in large pink or purple spots !
So I was with DFD , never received a “ spotty letter “ only new Aperture had taken over DFD about 2 weeks ago when I received a letter about it , a company I used to get my ppi have written to say Aperture want my details but I need to give it to them before 19th August because of the deadline was thinking of not signing anything and seeing what happens ?
Fri Jul 05, 2019 6:55 amAngeleyes wrote:
So I was with DFD , never received a “ spotty letter “ only new Aperture had taken over DFD about 2 weeks ago when I received a letter about it , a company I used to get my ppi have written to say Aperture want my details but I need to give it to them before 19th August because of the deadline was thinking of not signing anything and seeing what happens ?
You could simply ignore it -- I am sure you will not be alone. No-one knows what they would be inclined to do about it, or, indeed, what they could do about it. Up tp you, really.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
There is another thread about the same issue here and several people report that when pushed Aperture admitted there was no obligation to sign and return it
I'm not sure if I am reading this right but it appears that both Aperture and FDM are saying they will not try to claim back compensation which has already been claimed and kept. The same text appears on both sites under the heading "I've already made claims" .
Mon Jul 22, 2019 8:44 ammagicsam wrote:
I'm not sure if I am reading this right but it appears that both Aperture and FDM are saying they will not try to claim back compensation which has already been claimed and kept. The same text appears on both sites under the heading "I've already made claims" .
Not very well worded but this could mean -- Should mean -- they will not claw back monies claimed and retained before the IVA started. OK -- they don't say it exactly like that, but Aperture have a way of bending interpretations !
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I could be being unfair here as I have not had any dealings with the organization but it does make you wonder if it is left deliberately ambiguous. I suspect you are correct because they are chasing ppi so aggressively it does not seem to fit that they would waive the right to money they are entitled to. Alternatively they could take the view that something is better than nothing and people who have not handed over past ppi claims will not fill out their forms. Impossible to know really