Do I have to by law claim PPI ?

[636177560]

iv been told my dfd iva has now been accepted by my creditors as completed, iv asked for my CC and have recieved ppi claims froms from equity finance, do i have to by law claim that ppi, as i dont wish too.

[plasticdaft]

Yes. Claims should be investigated whether you want to or not.

Paul

[Michael Peoples]

Since you will not be doing the claiming anyway why not just sign the forms, send them bacK and get your CC.

[Heretoday]

But what is the legal answer? Do they by law have to make the claims or at least sign the paperwork to enable a third party to to this?

In reality how many IVAs have actually failed because a person has refused to go along with a claim? Would a judge agree to fail an IVA given that a person has fully complied with the terms of an IVA and made all of the required payments to date?

If the IP has the power do deal with this regardless of the individuals views then why ask them to sign authority?


That aside, it will probably be easier and quicker for you to sign the paperwork and wait for the the findings

[PeyWetWork]

if the IVA has been passed as completed then why is the PPI claims only just being done??

i'm with DFD and my completion has been held up since Feb due to PPI claims being chased up and only the other day was a meeting arranged for Dec 27th to get my IVA completed and put my IP incharge to deal with any PPI should anything come of it

[Michael Peoples]

I am not a lawyer and I would always advise posters to get legal advice. PPI has become such a bug bear on this forum that there seems to be no one left posting. If in doubt it would be better getting specialist legal advice rather than posting here.

[Foggy]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Heretoday

But what is the legal answer? Do they by law have to make the claims or at least sign the paperwork to enable a third party to to this? There is, so far, no legal answer -- just conflicting opinion. Nothing has been brought to court yet for definitive precedent.

In reality how many IVAs have actually failed because a person has refused to go along with a claim? Would a judge agree to fail an IVA given that a person has fully complied with the terms of an IVA and made all of the required payments to date? I doubt a judge would agree to fail an IVA but might direct the proceeds to be paid in.

If the IP has the power do deal with this regardless of the individuals views then why ask them to sign authority? Because of the current confusion .. if the debtor signs any agreement in this regard it alleviates the doubt. This, in my untrained mind, goes to demonstrate that the IP isn't 100% sure of his grounds.


That aside, it will probably be easier and quicker for you to sign the paperwork and wait for the the findings True

[UpToMyNeckInIt]

It is my understanding that you can only reclaim PPI if it was 'mis-sold' to you.

Therefore, if anyone knowingly took it out at the time, after carefully considering the risk of not doing so, then technically you should not reclaim it. You could therefore advise your IVA company accordingly, if this is the case.

Not sure whether or not the above is 'law', but PPI customers reclaim it regardless. Knowing this, your IVA firm will most likely still force you to do likewise.

My IVA firm have required me to reclaim PPI (not that I have ever knowingly had any). However, I was not 'forced' to use their nominated claim firm (Equity in Finance) - I did have the option of reclaiming it myself and paying any recovered funds over.

My guess is that most other IVA customers are also given a similar option.

If you reclaim the PPI yourself, at least more goes to your creditors. I suppose this may be beneficial further down the line (eg: if your financial circumstances significantly worsen, and you need your IVA to conclude early).

Since failing to cooperate with your IVA company will at best, severely delay the completion process, then as others have said, best just sign the paperwork and let them get on with it: Let your creditors argue the toss with EIF over whether or not your PPI was mis-sold.

[636177560]

But what is the legal answer? Do they by law have to make the claims or at least sign the paperwork to enable a third party to to this?

In reality how many IVAs have actually failed because a person has refused to go along with a claim? Would a judge agree to fail an IVA given that a person has fully complied with the terms of an IVA and made all of the required payments to date?

If the IP has the power do deal with this regardless of the individuals views then why ask them to sign authority?


That aside, it will probably be easier and quicker for you to sign the paperwork and wait for the the finding

thats exactly what i was thinking, there seems to be such a huge boundry for them to wriggle about in this situation, there needs to be a clear line to say i can or i cant, i have to or i dont. i choose not to claim a ppi, reading past posts and topics on here, equity finance seem farcicile and quite frankly people are still waiting many months after there ppi claim has been put in. i dont want to claim the ppi and just want this finished outright, i wanted to know if i had to by law claim a ppi if there even was any, i simpley choose not to claim the ppi. is that my right?

[Foggy]

PPI rights and wrongs apart .. you are legally obliged to comply with any reasonable request by your IP in relation to your IVA. In turn the IP is legally obliged to take all steps to increase the return to the creditors, within the terms of the IVA.

Should you refuse to comply with any such reasonable request the IVA could be failed and you will be back to square one. The creditors will jump at the chance to add back lost interest and charges and you will, no doubt, be even deeper in debt.

Those are the bare bones of the situation.