Can't really believe this and not sure what todo now.
I contacted Melanie around a August last year (give or take as cant remember exact date) as HSBC refused to deal with PPI payouts as I was in an IVA and the obudsmands wanted my IP's signature to continue. At the time I didnt mind that the windfall would be due to the IVA. I did contact the ombudsman and it was at this point I involved Melanie apart from letting know when asked at every stage that's what im doing. Effectively she advised she was waiting for advice and never got back to me after I chased a few times.
My iva technical finishes Saturday but paid my last payment over a month and a half ago due to how it all falls. I've confirmed that i've not received any windfalls. Now i'm being ask to give permission in order for full closure.
The part im confused what todo with now is im being asked to agree to an investigation into whether your are entitled to a ppi refund taking place. And secondly confirm that should any monies be recovered are am I happy for them to be made available to my creditors.
For me i'm happy for them to investigate but not to receive the money at this stage, why? Because during the course of the iva I did everything humanly possible to push this through and believe that this was sold unhonestly to me by HSBC. Also technically I should have never paid this money in the first place as they pushed it upon by and fealt me take it otherwise theyd say no to it. I do believe although not the sole reason (ultimately me) that HSBC played a big part of my reason for an IVA.
So my question I think really is, if I say yes for first question and no for the second will this delay issuing a completion certificate as I do want to move on with my life now. Im probably more upset by the fact it was put on hold for so long with no contact even know the ball was in my iva's companies court. I fully understand it wasnt a simple answer but in reality this should been dealt with 12 months ago not now in my case.
Would be great if you could look into this for me Melanie as i've lost a little faith now as you probably can tell. One part of me says just say yes and yes and be done with it but I do have a lot of angry emotions any time the word "HSBC" is mentioned!
I will contact you about this directly later on today. It strikes me that there is some confusion about your understanding of the position, which does need to be clarified but, as always, I will deal with client queries privately and off-line.
Thanks. Understand about contacting offline, I was in shock really coming off the phone.
I am surprised though that you have to ask the PPI question at all though. During the time we spoke you were taking advice and never had a definitely answer a few months later.
The issues surrounding PPI have only recently been clarified, but to be frank there are still an awful lot of grey areas. This is not the fault of IPs, most of whom are simply trying to deal with the situation as best we can. I, and my firm, have been extremely proactive in seeking advice, and sharing that with other IPs and our own regulators. I was personally a member of the working party assisting the joint regulatory bodies in this matter.
As I have advised before we are doing everything we can to get your case closed and are well within the time limits allowed and which are reaonable. You may be disappointed with that, but are probably lucky that you are not with one of the firms who are taking over 2 years to close.
Thanks for the clarification regarding the PPI, i'm still confused now how to proceed in my case as really during the course of the IVA i was happy for the ppi funds to go towards the IVA, but now I feel different that they should go towards the IVA because of me declaring and doing everything in my power early in the iva. Its just something I cant get over in my head however easy it would be to say yes yes. If you could contact me that'd be great as im confused to say the least, probably more me and the emotional ties with the word "HSBC".
With regards the time limits, I fully understand the limits and sorry if there was confusion in clarity on my part. I was advised by a member of your staff it was 2 months from last payment and today I was told 2 months from court date. Fully understand you are a lot quicker than other ips, and I do have a lot of assurance from other posts that you are the best IP out there and its been handled with the best possible intent.
This has probably arisen from a unique case and to some extent I dont feel I was communicated properly regarding the position of the PPI's, partial because you probably didnt have much more information at the time to give me. I understand this wouldn't have been intentful in anyway, but it would have allowed me to communicate this with the ombudsman in plenty of time, etc.
I don't think that you have anything at all to be worried about fingers, but let's chat later. The last thing I want is an unhappy client when you have been brilliant to act for over the last 5 years, and now you rightfully desire a speedy conclusion.
I think that everyone, especially those in closures, have to give a bit more patients. Although the timing of this PPI issue has greatly affected the closures of many IVAs of several IP across the nation, having come at the tail end of the VAT issue, must be extremely thrusting. but what I would encourage you all to remember, especially those who are having large chunks of debt written off, is that you agreed upon taking out the IVA to pay back the maximum you could back to your creditors. Let us remember that there was only 1 person responsible for putting you into an IVA and if you don’t know who that is then I would advise you to have a look in the mirror. As Mel said, yes, there are still a lot of grey areas but the more you resist it, longer and more drawn out the process will be and ultimately the greater delay you will be causing. As frustrating as I understand it is, I would rather cooperate then cause myself even more delay and I am sure you are the same.
