I was asked via correspondance by DFD to submit authority to pursue PPI compensation. I refused. I was then called by DFD to the same end. I refused. I then found on my annual statement a reference to a PPI refund applied to my IVA.
My question is has DFD exceeded their authority? If not, then why ask me for permission in the first place?
Hi, there appears to be a lot of talk about the claiming of ppi at the moment on the forum. One of our experts or someone that has experience of this will be able to comment I'm sure. x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
Hi mouldymuffin. There seems to be a trend developing where seemingly unauthorised claims have been submitted. Hopefully one of the parties affected will take this up with the various regulatory bodies and action will be taken, if deemed appropriate.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Hi, I think this will depend upon the way your IVA is drafted and whether there is an all assets clause, if so and the cause of action was in existence as at the date of the IVA it is an asset to be included. If not, it would appear they have exceeded their authority as we can only do what it says in the proposal. Sam
Regardless of if a claim for PPI was an asset, a windfall, payable to the IVA pot or the debtor, there must be an authority signed by the debtor for a third party to make a claim for miss sold PPI on their behalf!
If the debtor does not believe that PPI was miss-sold then a claim for such should not proceed without their express permission.
It may be possible however for your IP or third party to investigate without your cooperation if PPI had been sold to any of your accounts but not to make a claim for miss-sold PPI.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
It would be good to get another professionals opinion on the whole PPI saga, whether it be the delay that it is causing to complete some IVAs or the fact that many people are being forced into signing authority to make claims for miss-sold PPI when they don’t believe that it was miss-sold?
I’m not asking for your view on any specific company but the situation as awhole.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
yes exactly the same happend to me with DFD, I sent a letter making it extremely clear there was no PPI to claim and expressly not authorising any claim be made. On my annual report a few weeks ago, it showed todate they have recovered just under £500 and apparently im " in communication with their agents "
The interim report for the frist 6 months of their financial year to shareholders of DFDs parent company fairpoint Plc is due this thurs or fri and i suspect one of the many revealing facts will be the increased revenue stream from PPI claims. Once available I will post a link to the report for all to read. Perhaps i may send it to crime watch also !!
Last payment made April 2012
Certificate received 1st Nov 2012
1. Am I obliged to sign authorisation?
2. Now I haven't will it / can it hold up the conclusion of my IVA?
3. Should I just bite the bullet and ask them to re-send me the forms to sign?
I don't think you are obliged to sign your authorisation if you know categorically you were not missold, however this can potentially hold up completion if your IP still wishes to explore the possibility that your PPI was missold (even if you believe it wasn't) which leads me onto your last question, why would you ask them to resend the forms for you to sign if you have already told them you refuse because you know you weren't missold?
if you contact DFD and ascert that you were never mis sold PPI & therfore there are no claims to make an ask then for their " PPI DECLARATION " this is a letter that they complete with your name and address on, which states that you feel you were never sold PPI & that you do not intend to make a claim against any of your creditors at any stage in the future re PPI. They will also attach to it a list of your creditors and monies owed to them. You sign this and send it back to them and then they can commence closure ( allegedly )
hope this helps; if you get cut off after 7mins on the phone, if you email them ive fund you usually get a reply within 48hrs if not sooner
Last payment made April 2012
Certificate received 1st Nov 2012
lem - in respose to your question. At this stage of my IVA (and readinf all the horror stories about people not having their IVAs closed because of outstanding PPI issues, I am considering letting them investigate just to get it out of the way! I DO believe I was never mis-sold PPI but there is a £40 entry on my last Annual Review - so I MUST have been mis-sold I guess??? I just don't want to hold up closure.
I agree, this is the big problem, I think its probably just a case of letting them get on with it, at the end of the day once we are in an IVA PPI becomes irrelevant to us on a personal level forever, we won't ever gain anything from it, even in the future, so I don't see the issue in just letting our IP's get on with instructing an investigation into if it was missold or not
Having read my chairman's report it states that should the debtor receive any asset, windfall or inheritance during the course of the arrangement then it must be made available! it does not say anything about once the arrangement has completed!! Does this mean it would not have to be given up???!!!
Muggins - you are referring to a windfall clause, and missold PPI is an asset which predates the commencement of the IVA, in which case the IVA creditors are entitled to it whether the case has closed or not.
My advise to all of you is sign the authorisation forms that enable your IPs to find out whether any of your debts have PPI included. This should a willingness to co-operate, and is likely to get cases closed at an earlier stage if the possibility of a claim can be ruled out.
