DRSP is attempting to claim PPI 2 years after I received my certificate

Get expert opinion. This is the place for new questions to be posted.
7 posts Page 1 of 1
User avatar
melanie
Posts: 2
by melanie » Sun Nov 12, 2017 12:31 am
I received my completion certificate 2 years ago from DRSP, yet I have just received a letter from Barclaycard, that DRSP is trying to claim for PPI in my name with no letter of authorisation; Barclaycard have written back to them stating that they cannot deal with them without a letter of authority. Where do I stand with this? DRSP have not contacted me about it, nor have they asked me to sign any forms.
User avatar
Foggy
Forum Expert
Posts: 23905
Contact
by Foggy » Sun Nov 12, 2017 9:32 am
The PPI is still an asset of the IVA and is due to the creditors. I am surprised they are actively claiming on old cases --but I suspect there will be a rush by all firms to get claims in before the deadline.
redboxtree
Posts: 88
by redboxtree » Sun Nov 12, 2017 11:06 am
Strange company - been registered with the ICO for the last 7 years but only trading under current name for last few months.

With changes to legislation from 25/05/18 they are on dodgy ground.

If your IVA was finished 2 years ago they need to demonstrate that:

    Whoever has commissioned them has the current agreement of your previous creditors to act on their behalf as the IVA fees are taken from that pot - the iVA company needs to prove they are in contract
      The IVA company that has commissioned them needs to clearly state who they have appointed and why
        They need your agreement in writing before contacting companies (so Barclays have acted correctly and I would say to them you have not authorised anything and have no interest in claiming PPI) but any deed of assignment generally tends to omit requirements about future actions
          If your name is off the insolvency register then your previous history is no longer in the public domain - they need to provide assurance their will not be an inappropriate disclosure or that your credit will be affected by them acting on behalf of the IVA company

          The longer it was since your IVA was closed and PPI was not being dealt with at that time the less the IVA company has the ability to act.

          They would also need to prove that by acting now that creditors will benefit - and at this point the only people benefiting would be DRSP and the IVA company.
          User avatar
          melanie
          Posts: 2
          by melanie » Sun Nov 12, 2017 12:43 pm
          redboxtree wrote:
          Strange company - been registered with the ICO for the last 7 years but only trading under current name for last few months.

          With changes to legislation from 25/05/18 they are on dodgy ground.

          If your IVA was finished 2 years ago they need to demonstrate that:

            Whoever has commissioned them has the current agreement of your previous creditors to act on their behalf as the IVA fees are taken from that pot - the iVA company needs to prove they are in contract
              The IVA company that has commissioned them needs to clearly state who they have appointed and why
                They need your agreement in writing before contacting companies (so Barclays have acted correctly and I would say to them you have not authorised anything and have no interest in claiming PPI) but any deed of assignment generally tends to omit requirements about future actions
                  If your name is off the insolvency register then your previous history is no longer in the public domain - they need to provide assurance their will not be an inappropriate disclosure or that your credit will be affected by them acting on behalf of the IVA company

                  The longer it was since your IVA was closed and PPI was not being dealt with at that time the less the IVA company has the ability to act.

                  They would also need to prove that by acting now that creditors will benefit - and at this point the only people benefiting would be DRSP and the IVA company.

                  Thanks Redboxtree, it seemed a bit unorthodox to me, as DRSP have already claimed all PPI that I had before I was given my completion certificate. I am also off the insolvency register now for approximately 18 months.
                  I have had zero contact from DRSP since my completion. You have backed up what I was already thinking; I will contact Barclaycard tomorrow and inform them that they do not have my authorisation and nor will they.
                  User avatar
                  Foggy
                  Forum Expert
                  Posts: 23905
                  Contact
                  by Foggy » Sun Nov 12, 2017 1:23 pm
                  It will be interesting to see how DRSP react and I would be grateful if you could keep us updated. Despite Redboxtree's very wise arguements, this is grey territory and, so far, no one from either side has dared to fully test it.

                  It has already been decided in court that a trust exists, as created by the IVA, and that, unless pecifically severed, survives completion. It is this trust the IP relies upon to continue to administer the IVA post completion. This is open to question and challenge as the case revolved around BR, as opposed to an IVA, but is commonly held to apply to the latter also. A former poster who is an IP took legal counsel on this subject. Additionally a firm also went to court recently where it was decided (and upheld at appeal) that PPI could be rightfully pursued after the completion certificate had been issued.

                  There have been thoughts that an IP was able to go back to court to re-instate a completed IVA in order to claim undeclared / undistributed assets, where the former debtor has refused to co-operate but, as far as I am aware, this has not yet been tried.

                  I am neither experienced enough, nor qualified, to argue fine points of law and am only thinking out loud.
                  redboxtree
                  Posts: 88
                  by redboxtree » Sun Nov 12, 2017 2:52 pm
                  Hi Foggy

                  I am not disputing that where a deed of assignment is signed that PPI goes to creditors.

                  Consent tends to be time limited and banks will be wary of any company that is not able to demonstrate that correct consent has been obtained to effectively act on behalf of someone that is not the named person linked to the account and where that organisation will benefit more.

                  That is why Aperture were sending out constant requests for consent to be provided for them to act (probably only time I have ever said anything positive about them)..

                  Any IVA is a tripartite agreement - debtor, creditor and IP. A trust to the IVA may well exist around PPI but banks will be looking for evidence that consent has been obtained and is valid.

                  With GDPR and the new data protection legislation coming through the rule book around consent is being rewritten and a blanket consent process reliant on implied rather than explicit terms will be ancient history.
                  User avatar
                  Foggy
                  Forum Expert
                  Posts: 23905
                  Contact
                  by Foggy » Sun Nov 12, 2017 3:57 pm
                  Hi Redboxtree .. yes, I understand and agree --- however, as things stand at this moment in time it is still untested territory and you will get both sides pushing and testing. Previous bouts of constant re-submissions were also due to the need to submit fresh claims following earlier refusals deemed incorrectly refused by the ombudsman (basically the banks still not honouring their responsibilities to put things right).

                  I do expect to see a rash of these things happening as the PPI deadline approaches and would still be interested to see how things pan out --- that said, I will be happy to see the back of PPI (until the next splodge hits that poor old fan!).
                  7 posts Page 1 of 1
                  Return to “Ask IVA Forum and Industry experts”

                  Who is online

                  Users browsing this forum: No registered users and 15 guests