And the claims companies and ips get a big fat percentage! Not wasting time but increasing the dividend back to your creditor! How would an ip prove diligence!!
Payplan have said its up to the debtor if they wish to sign or not! I still completed successfully without signing! I understand what is meant in that clear debt have to give clear facts!! The debtor can either claim themselves or not!!!
Oddbod - are you allowed to post David's email word for word? Most emails have an 'intended recipient only' clause after the sign-off that could make what you've done illegal.
I would think IPs are paid 15% of realisations or whatever fee structure was agreed at the creditors meeting, so the claim co get their 40% first, then the IP gets their 15%, then the rest is distributed to creditors. I can think of one firm who varied the terms of their ivas though so they could get an additional % from PPI claims. Ther may be a lot of variety out there.
Mike does make a good point about standardising the procedure - but the fees are HIGH. I have my own theory on why claims co fees in the insovency sector are higher than for everyone else, but it would be good to have clarification from someone who knows.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Broke of London
Oddbod - are you allowed to post David's email word for word? Most emails have an 'intended recipient only' clause after the sign-off that could make what you've done illegal.
It wasn't from an e-mail. Why assume it was?
It was from a blog that David Mond had posted on the Cleardebt website, that was copied onto this forum by a Cleardebt employee (Andrew197).
"Oddbod - are you allowed to post David's email word for word? Most emails have an 'intended recipient only' clause after the sign-off that could make what you've done illegal."
The legal disclaimers at the bottoms of emails are merely a way to limit the sending companies liability, for instance if an email is sent to the wrong person and that person then publishes the email or uses the information the intended recipient when in court trying to sue the company may not have much of a case because the sending company took reasonable steps to protect the information.
It is far from illegal to repost an email, especially if you were the recipient of the information in the first place. (obvious exceptions are when your bound by a contract with a company and the information is sent to you and marked company confidential etc) Even in those exceptions its only going to breach of contract rather than being illegal.
Diddy - we have had problems with companies taking exception to what has been posted about them on this site and in at least one case, they got their lawyers involved and sent threatening letters out.
I'm not suggesting for one minute that ClearDebt would take such action, but I guess experience has taught me to be more careful about what I post about commercial organisatons.
Oddbod - I assumed it was a personal communication because it is written in the first person.
Thank you all who have contributed, but to clarify, i am going to reclaim the money and hopefully try a f/f next year. I pay £145 Monthly should be £130 nobody has sorted it yet.I was told i couldn't use a company to reclaim, but when Clear Debt reclaim it i would get £500 CASH BACK.
I would like to claim the money back myself ( All paper work to be supplied to Clear Dept when completed) and hand it over as it would be one less problem to worry about and enable me to plan for the future.
There is nothing to stop an individual making their own claims, indeed it is their right to do so, but Size 5 does have a good point in that the claims companies can often do a far more thorough job in seeking out the claims in the first place.
Anyone thinking of pursuing a claim who is in an IVA and attempting to pocket the money for themselves is on a losing team, given that all creditors will now check the insolvency register and seek the agreement of the IP who is acting prior to writing the cheque - so best to follow the policy of your own company or claim and pass the money straight over.
Thank you for the advice Melanie! Does this apply to those who have completed and have received certificate of completion? I'm not planning to claim but many posters on the forum have asked and it does appear to generated many a reply!!
If your IVA has not been closed due to an ongoing PPI issue, then it does still apply and the money will still need to be handed over I am afraid. There is also an argument that suggests that even if the IVA has closed, the PPI monies may still need to be paid to creditors but I haven't seen that one fully tested yet.
