Complaining to your IP (ClearDebt)

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Adam Davies

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Post by Adam Davies » Sun Aug 19, 2012 7:52 am
Hi

No problem with you thread so far, a sensible and needed debate that falls within the forum etiquette, respect for all.

Regards
Andam Davies
 
 

terry d

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Post by terry d » Sun Aug 19, 2012 9:24 am
i guess we all want to rant and rave at our IP sometimes and tell others about an IVA company that seems to be there just to wind us up,i had one myself,but have learned that not everbody has a bad experience with their IP,its surley frustrating but im sure it will sort itself out in due course
never cment on me speling its rubbish and i didnt go to schola lot okk

made bankrupt 1st august 2012 at 10.00am
now disharged so bankrupt no more thank god im free of debt now
 
 

Niobe

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Post by Niobe » Sun Aug 19, 2012 5:21 pm
I'm quite happy with my IP and always have been.

This industry is like every other - you will have good and bad experiences.

I'm afraid we have to put up with it!
 
 

Heretoday

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Post by Heretoday » Mon Aug 20, 2012 9:15 am
I rang the ambulance chasers as soon as they opened this morning; apparently the following 5 statements form part of their standard letter:

1) I do not recall the full costs of the policy being explained to me.
2) I do not recollect being advised of the policies main characteristics including Features benefits and exclusions.
3) The adviser automatically included the Payment Protection Policy into my quotation.
4) I was not asked about any existing cover at the time the policy was sold.
5) I was not made aware of the restrictive cancellation nature of this policy

Presumably anyone else using my IP and ambulance chasers will have had the same letters sent out on their behalf!

I am waiting for a call back from somebody that has been dealing with my case but I am not at all happy that they have been making these statements in my name!
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

Heretoday

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Post by Heretoday » Thu Aug 23, 2012 12:20 pm
Just an update, my complaint against my IP is still running and they have until 30th August to provide a satisfactory response or else I will be raising these issues with the Financial Ombudsman Service, Association of Chartered Certified Accountants and to the Debt Resolution Forum

I spoke to the claims company on Monday, they have taken my complaint about being misrepresented and making fraudulent claims very seriously.

All my ppi claims were at the stage where the banks had acknowledged the claims, investigated them in the 8 week period and all of them had stated that PPI had not been miss-sold.

What would normally happen now is that the claims company would write back to the banks and ask them to reconsider their decision or else they will be referred to the ombudsman (this process can take months)

The claims company have agreed to not peruse these claims further and mark them all has having no miss sold PPI. They phoned and emailed my IP on Monday to advise them of this.

Move on to this morning and I again chased my IP for when I will get my Completion Certificate. The response from their Chief Operating Officer was that they were waiting for “a formal response” from the claims company before they can proceed.

So here we have the claims company bending over backwards to deal with this as quickly as possible and my IP who is just sat on it adding even more days of unnecessary delays !

I can’t believe that even with it now being proven by their chosen company that there never was any miss sold PPI that they are not doing everything that they can, to end the distress that they have caused.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

Karen.mg

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Post by Karen.mg » Thu Aug 23, 2012 2:09 pm
Hi heretoday I feel for you having paid into your iva to the end and still no cc. I am also with the same company as you but as yet they haven't started looking into PPI so guess my turn will come and no doubt when all iva payments have been made. I was told I wasn't allowed to claim myself, presumably they thought I would use a claims company and they didn't want me to pay out of any potential claim, so being a defiant person I have written letters myself and shall present them with whatever comes back from the credit card company well in advance of the end of my IVA

Keep fighting on

Karen
 
 

MelanieGiles

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Post by MelanieGiles » Thu Aug 23, 2012 9:46 pm
There is nothing to stop you making the claim yourself Karen if this is what you wish to do, but as the claim is likely to be an asset caught under the terms of the IVA you must keep your IP informed of developments and hand the full proceeds over to them, less any tax liability you may have on the interest element of the claim, if it is deemed that the claim is an asset.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Karen.mg

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Post by Karen.mg » Thu Aug 23, 2012 11:27 pm
Yes melanie, I know that every penny will go into the pot. That is the reason for doing it, the only concern I have is that as the credit card was put into the IVA what happens if they just pay it back to themselves? The statements I have of the account added up to about £100 per year in PPI premiums and I had the account for about 9 years with a small (£2k) balance so potentially there could be quite a significant sum or at least enough to make a big dent in the balance of the account!

Karen

Ps I thought I'd give it a shot before I make any offer for f & f to my IP
 
 

Heretoday

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Post by Heretoday » Thu Aug 23, 2012 11:39 pm
If you are doing the investigation for miss-sold ppi yourself and not using a third party it makes no difference if they pay out or off set it against your debt.

I would ask every one who makes a claim to question if the statements that you make in reclaiming PPI are correct?
if the question is "have I been miss sold ppi" or "I have been miss sold ppi because (insert factual reason)!" then that is fine but if you are making false statements or if a claims company are making false statements on your behalf then that is wrong!
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

Karen.mg

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Post by Karen.mg » Fri Aug 24, 2012 10:40 am
Well I know I was mis sold so not just claiming for the sake of it!! I did actually make a claim myself early in 2007 well before I entered into an Iva and was fobbed off but have been encouraged to give it another shot, I know I'm in the right and just need to stick to my guns this time and follow it through with an official complaint if it comes to it.

You may have felt it wasn't mis sold in your case but that's not the case for everyone I'm afraid! I wasn't even employed when I was offered a credit card by my bank so didn't tick the box on the application form I was asked to sign but surprise surprise that was their excuse! Apparently I had ticked !!!

Karen
 
 

Adam Davies

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Post by Adam Davies » Fri Aug 24, 2012 3:35 pm
Hi

Andrew Smith from Cleardebt have asked me to post this reply

Heretoday – Mike (Size 5) is on holiday at the moment so I am responding on his behalf for ClearDebt.

We have made offers to you in a number of your threads to disclose the full information regarding your case as we feel that key facts have been omitted from your posts but unfortunately you do not seem willing for this to be done.

As a compromise, another potential solution would be to allow Andy, Melanie or Michael (assuming they are willing) to contact us about your case to which we will disclose the full information and allow them to post as to whether they believe ClearDebt has acted inappropriately in dealing with your PPI claims .

I look forward to your response.
Andam Davies
 
 

Heretoday

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Post by Heretoday » Fri Aug 24, 2012 4:30 pm
Hi Andy I have sent you an email.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

Heretoday

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Post by Heretoday » Fri Aug 24, 2012 6:31 pm
Well I have received a written response to my complaint well within the time frame agreed.

Cleardebt as expected have rejected all of my complaints. They have got a number of details incorrect which I will bring to their attention but I am sure this will not change their view.

It seems uncanny timing that an hour before I received this response that a member of Cleardebt is posting on this thread and posturing for a fight!

I will consider a third party reviewing emails sent to and from Cleardebt if you think that this is likely to change anything, for example if they say” yes Heretoday has a point” will you then back down? I somehow doubt it.

I had come to an agreement with the claims company on Monday who agreed that as the banks had confirmed that there was no miss sold PPI that they would effectively close this case. This appears to have changed today and Cleardebt are insisting that these already investigated claims for miss sold ppi are referred to the Financial Services Ombudsman which will add further delay again. No doubt they are doing this to maximise the returns for the creditors, the claims handling company and themselves.

I am pleased that they managed to get this response to me earlier than expected but also annoyed that I now have to wait the bank holiday weekend before I can speak to anyone.

I now need to digest fully what Cleardebt have said and plan my next step.

What are we getting from this process? I for one feel physically sick and know that I should just walk away for the benefit of my health and wait a year or so for the Completion Certificate to turn up.

Alongside all IVA companies adverts stating “5 years and you could be debt free” there should be in bold print “but it could take longer than 7 years!”
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

Karen.mg

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Post by Karen.mg » Fri Aug 24, 2012 7:35 pm
You do have a point about possibly taking longer than the agreed timeframe and no doubt there is fine print on any adverts to suggest this could be so!

Again, you have completed your IVA, you are not paying any more money over on a monthly basis either, so why not have a stiff drink, scream and shout then inhale deeply, exhale slowly and relax. It's your mental state that will suffer for once the IP and staff close your file you are forgotten about until the next time you make a song and dance!

Please don't get me wrong, I am saying these things for your sake and not in defence of cleardebt. It's our lives that suffer the consequences of fighting for our rights! I do feel that the company is such a large one, we are just a name and as such they are more interested in making as much money as they can from us possible.

I too suffered an indignant response on this forum from a cleardebt representative who was, in my opinion, verging on slander. It's a pity that we didn't know about this forum when looking into an IVA as I feel the IP's that post regulary on here are the creme de la creme of their profession and are so willing to offer help and support to almost all that require it that I for one cannot recommend them highly enough.

Time to give it up heretoday
 
 

Karen.mg

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Post by Karen.mg » Fri Aug 24, 2012 7:36 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Karen.mg

You do have a point about possibly taking longer than the agreed timeframe and no doubt there is fine print on any adverts to suggest this could be so!

Again, you have completed your IVA, you are not paying any more money over on a monthly basis either, so why not have a stiff drink, scream and shout then inhale deeply, exhale slowly and relax. It's your mental state that will suffer for once the IP and staff close your file you are forgotten about until the next time you make a song and dance!

Please don't get me wrong, I am saying these things for your sake and not in defence of cleardebt. It's our lives that suffer the consequences of fighting for our rights! I do feel that the company is such a large one, we are just a name and as such they are more interested in making as much money as they can from us possible.

I too suffered an indignant response on this forum from a cleardebt representative who was, in my opinion, verging on slander. It's a pity that we didn't know about this forum when looking into an IVA as I feel the IP's that post regulary on here are the creme de la creme of their profession and are so willing to offer help and support to almost all that require it that I for one cannot recommend them highly enough.

Time to give it up heretoday for the sake of your sanity !!
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