We contacted Abacus as we got ourselves into a financial mess. Before we set up our IVA we told them that we were in living abroad due to my husbands work and would be returning to the UK well before our IVA finished. We asked what would happen when we did return, as our finances would drop. They reassured us that when we moved back to the UK they would be able to help us to sort out the problem and not to worry.
We now have returned to the UK and our income has dropped. Now we face 2 problems. Firstly the IP has now told us that ''its our own misfortune that we are in this new problem''! and the second problem is that a short time after we started the IVA we found out that there maybe some PPI claims. When we told Cleardebt (who took over from abacus, though still the same IP), they told us they cant deal with it and passed it back to us to sort out and let them know what happens. As cleardebt advised me to have a 'celebratory bonfire' with all our paperwork we decided to let an agent act on our behalf.
We contacted an agent about our PPIs .
sorry, there wasnt enough room previously, here i carry on with the points im trying to make
They charge 25 per cent. We told Cleardebt when the claims started to get sorted and we also advised the agents to pay Cleardebt directly any monies realized. One of the claims that the agent had achieved for us, was paid directly to Cleardebt so the agent did not get their commission. Cleardebt wont pay the agents their fee and now insist that we sign over all work that has been done to Cleardebt so they can manage the claims, with a charge of 33 per cent!
The work has already been done by the agents. Now the agents have to take Cleardebt to court over non payment of their fees. Cleardebt, are now doing two things to us. One is that they have reassessed us and told us that we are not able to continue our payments due to the drop of income. so we (due to my brother in law) offered ten thousand pounds to finalize and finish our IVA. Our IP has told us unless we sign over the authority to Cleardebt from the agents they will not put our offer forward to the creditors and also now will take us to bankruptcy for non payments since we have now returned to the UK.
We feel that they have misled us, about what happens to us when we returned to the UK during the IVA, brought even more stress in our lives again, and exceeding their authority to get out of the court action against them and to gain immorally more money from what should be for the creditors. after reading some of the forums on here, if we continue to offer to pay the full and final settlement of £10,000 can we trust cleardebt as theyve already let us down in a big way. what do we do?
Are you sure that it was the IP at Cleardebt that spoke these words to you? Doesn't sound like something David Mond would say without good reason. And so far as I know Cleardebt are using a Claims Management Company to process PPI misselling claims for their clients - but I am sure they would have been happy for you to pursue the claims directly had you wanted to.
It is common knowledge that costs that the debtor incurs as a result of making successful PPI claims are costs of the estate and must be paid to you by the IP. Regulatory guidance will soon be issued on this point, so I am sure that one can be easily resolved for you.
If your disposable income has now reduced, due to your relocation back to the UK, it ought to be possible to present a variation proposal to your creditors - providing the level of income you have remaining still represents a viable offer.
Cleardebt are a trustworthy company. They are founder members of the DRF of which David Mond acts as Chairman, and I am also a serving board member. David will be keen to follow up on this post and I am sure put any misunderstandings you and his staff may have in agreeing a way forward for your IVA. He will know the full facts of your case, and will therefore be able to comment more appropriately - either on or off the forum.
Hi Fruitcake. I would urge you to take up Size5's invitation to contact him direct and work through this with him. I am sure he will do all he can to assist in getting this sorted out.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I believe you have sent in an email to our complaints address and I am having my colleagues get out your file to enable a response to be given to you.
Unfortunately the responsible individuals are still on holiday until next week - but you can rest assured I will respond to this issue as soon as possible.
Regards
David
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
Also to melanie IP, when we raised the ppi issues we were told by one of mr monds agent that cleardebt couldnt deal with ppis and that we were to sort it out. Thus leaving us to believe that at that time cleardebt did not have the ppi management in place. Again we have this in an email.
It is entirely possible that at the time you decided to make your claims, there were no arrangements in place with a Claims Management Company. I have only recently appointed one in my own firm, as the PPI issue for IPs has only arisen relatively recently.
Let David deal with this for you - I see he has already picked up your post and is sure to be on the case as soon as he can.
We received a letter on the 23rd December from the cleardebt legal department acting on mr monds instructions that unless we encouraged the agents to transfer any further monies and information they would seek us bankruptcy as crom tomorrow morning! Despite us still being in the complaints process.
Cleardebt has also known that I suffer with depression, I am under the care of a psychiatrist, community nurse and a care co-cordinater , this has worsened since it became clear that we were misled from the outset and even my husband has seen the doctor about stress. We entered the iva with confidence that we could finally move on with our lives and have worked with mr monds team believing they were working on the behalf of him.
I can understand your distress at this catalogue of events, but all I can say is to reassure you that Mr Mond will fully investigate all matters for you, and will provide you with confirmation of the actions he has taken in line with the terms of your own arrangement. Arrangements can be varied to suit changes in circumstances, so I sincerely hope that you can btoh find some common ground upon which to resolve this matter.
I hope you can resolve the differences Fruitecake, I am sure Mr Mond will be able to clarify things a little clearer after he has investigated the matter for you.
Took The plunge and made the call, changed our family life and we have never been happier. Debt free and wont go back..... IVA was by far the best thing we ever did to teach us the real value of Family and money
