Thanks for your reply's all. Will keep waiting for an expert. Sponge I have to say, you have made a laugh for the first time in a while. I am actually a woman. But I can see why you would think chap considering this site automatically give me the pictire of a chap with a bag of debt on his shoulder.
Kieser thanks for the reply. I shall read your blog now.
You can see why no expert will reply! Whether they are a smaller more reputable company or a larger less reputable one, you are asking them to open a can of worms.
Please prove me wrong but I bet you won't get a professionals response to this.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
I have not answered this post today, as I have been tied up with actual client work as part of my usual daily duties, but I certainly have no problem in replying based on the facts presented.
The answer is a simple one. If you strongly believe that you have never been mis-sold PPI, even though you may have taken out such insurances of your own free will when the loans/credit cards were offered to you, write a firm letter to your IP confirming that you will not be making any claims, now or in the future, and that they should therefore proceed to close your case.
If they insist on following up an investigation into the background of your claims, they may find they run into trouble in the event of a subsequent complaint - however on the other hand, PPI can often be included in a loan without the borrower's knowledge or understanding, so some firms are taking the view that they wish to investigate this in any case. If you feel strongly that your firm(s) are not acting on your behalf or that of your creditors appropriately, they will have their own internal complaints process and ultimately their regulatory bodies can get involved if they feel you are being unfairly treated.
Thanks for your response on this one. I am still in limbo. I need to know what will happen to me if I do not sign the variation they propose? Can I myself apply to the court and get this resolved. I know the creditors just want their money. They have waited 6.5 years for it. There must be a way to dump the IP and act on your own, to get the case shut down?
Here is link to the thread on my problems with Cleardebt , while there was a lot of people commenting, no professionals stepped in and said what my IP was doing was wrong.
I hope someone can advise you different but my personal experience is that you do what they tell you to do or they threaten/bully/blackmail you and can apparently fail your IVA. Shame on you unreputable IVA companies!!!!
7 years after starting an IVA I finally received a completion certificate from ClearDebt
Here today I just read your thread. It's shocking. You are clearly a victim as am I here. I have spoken to HMRC yesterday , they clearly advised me that under no circumstances should an IVA be kept open for IP to claim back VAT, this can be done after the IVA has closed. The FOS also state that there is no need to use a claims managment company to claim back PPI, you can do it yourself. I was not misold and have now requested a new variation be written up with the PPI part taken out and the extension to claim back tax. They are looking into this and shall get back to me today. I have already complained to the FOS and they are waiting a final decision from my IP before they can take the complaint further. I recommend you go to the FOS and explain the bulying tactics you have been victim too. Have you signed your new variation report saying you agree to them extending for the purpose of PPI ?
Before this issue heats up any further, as I have suggested there is a simple way to deal with this. If you do not believe that you were mis-sold any PPI then advise your IP accordingly.
With regard to the issue of VAT, with respect to HMRC it is not for them to confirm whether an IP can or cannot close cases due to Paymex refunds. Our own regulatory bodies have provided guidance on this - and that guidance was not to close until VAT refunds had been received and repatriated to estates.
Can I suggest that anyone who is having difficulties in understanding their own IP's strategy with regard to PPI claims arranges to have a chat with them directly. Whilst it may be frustrating to see the closure of a lengthy IVA delayed, it is not the IP's fault that VAT and PPI have suddenly sprung up, and we do have a duty to all creditors to maximse realisations, as do the people subject to IVAs - who when they borrowed the money initially, presumably did so on the basis that this would eventually be repaid.
Hi Melanie thanks for the response. We are not looking for an argument or heated discussion, just clear accurate helpful advice. Your correct it is not up to HMRC to decide wether to extend cases or not, but isn't it a fact that IP's can actually claim back the tax after the IVA has been closed ??? If this is the case then shouldn't the IP be acting in the best interests of the creditor and debtor and not themselves?
