I am in the first year of my IVA and would like some advice. I received papers to sign authorising the IVA company to claim PPI on my behalf, but I never got round to signing and returning them, but the IVA company have gone ahead with the claims anyway, can they do this?
I have also made a complaint to the Financial Ombudsman re a loan which is unenforcable as the loan company cannot produce a copy of the agreement I signed. Should the IVA company have asked for copies of all my loan agreements at the beginning of my IVA?
I think you will find that you need to sign to give your authorisation that some other person is acting for you with regard to PPI claims although there have been stories on here saying that claims have been made without consent! You really need to speak to your IP to find out which claims company they have enlisted at your earliest opportunity.
I can't comment of the complaint to the fos as I don't understand what you are actually complaining about, all you need to supply to your IP are account numbers then I think they write to your creditors asking for proof of the debt before paying the loan/credit companies any dividend payments - this works in your favour not against you!
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by nepensioner
Karen, the question is about PPI authorisation not the IVA..
Yes I know and have answered re the PPI authorisation but that must have come via the IP plus there is reference to a complaint which agin the IP should manage surely?
Maybe you misunderstood my reply or maybe I haven't made myself clear enough - apologies x
Hi, Thanks for your responses. I did not sign the authority forms allowing them to persue the ppi/default charges due to my outstanding complaint with the fos, to my knowledge all action should be suspended pending the result of my complaint. But action was not suspended and charges have been reclaimed by my iva company. I have since been advised that they do not need authority forms to act on my behalf, so i posed the question...'why send them to me?'.
I have been advised to write to my creditor stating My loan (the reason for my iva) is unenforceable as they have no cca for it. As I have an IVA I thought it best to put my complaint throught the fos.
I struggle to undertand how claims where you are the claimant could have been processed without your authority, and you do need to take this up with your IP firm. On what grounds do they maintain that you - the claimant - do not need to take part in this action? I would be interested to know the response here.
TH123
Welcome to the forum,
I never had to provide loan agreement papers when we set up our IVA, just the latest statements to show balances, so I am not quite sure what your needing to get copies of them for. Did your IVA Company ask for them.
On the Papers we were sent from the claims company doing regarding PPI it stated if they were not contact to tell them not to proceed they would proceed, you had to voluntary opt out. We are not with Payplan but it might by the same as I believe they are using the same company, So by not bothering to sign or return the papers or contact them they have classed this as consent.
If life is what you make it, I must have been in a strange mood when I made mine
Hi - I told them I did not want to persue any default/ppi claims as I have an outstanding complaint (and so would not sign/return the forms) which they said ok to. They told me they would not do anything until Fos had finished there investigation with my lender. Default charges were persued/accepted despite my conversations with them which is why I'm a little annoyed. Seems I have no control or say over anything anymore?
I fail to understand how this can happen, or how banks would pay out without their customers' direct authority. You may like to take this up with the Financial Ombudsman who will be able to give you a definive view on this point.
Hi! Payplan claimed bank charges without asking my permission also! When I challenged this I was told by them that they can do this without authorisation! It apparently is only PPI claims that need to be signed for!! Is this correct??
Personally I don't see the difference. You are the customer and not the IP firm. I could understand this if they were acting as Trustee in bankruptcy, but not Supervisors of an IVA.
Not saying that I am correct however - it is just my view.
