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asdadavy

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Post by asdadavy » Thu Oct 18, 2012 8:10 pm
hi all.

i paid my last iva payment in april 2011 with my redundancy money £3800 i received information in june 2011 saying they had agreed that offer and the sum of £3800 was paid.
i was told it would take 3mths to get my certificate its now oct 2012 and im still waiting for my certificate.
a private ppi company is looking at miss sold ppi claims so i phoned the company i was dealing with for my debt managment and to my shock i found out my case has not been close and they have refused to send me my certificate.
yet i would not of known this if i had not phoned up today all this time ive been waiting to clear my name off the black list but i will have another 8 years to wait how is that fair?
dave smurthwaite
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 18, 2012 8:16 pm
Hi there and welcome to the forum

Surely you have been receiving at least annual reports from your IP firm confirming the current position of the IVA and the reasons which prevent its closure? Which firm are you with, and do you feel you were actually mis-sold any PPI on any of the debts?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Foggy

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Post by Foggy » Thu Oct 18, 2012 8:16 pm
Hi. Why another 8 years ? You should be able to clear your record as soon as you get that certificate.

Which company are you with ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

asdadavy

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Post by asdadavy » Thu Oct 18, 2012 8:25 pm
hi.

my mis sold ppis were from years ago a long before i went into iva this was for a car loan back in 2000.
the debt management company i am with is robson scott associates in darlington.
dave smurthwaite
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 18, 2012 8:31 pm
If the PPI claim is deemed to be an asset of your IVA, then the IP will need to pursue this for the benefit of your creditors. Why not arrange a meeting with your IP to see if they can give you more information about the current status of yoru case?
Regards, Melanie Giles, Insolvency Practitioner
 
 

MikeyM

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Post by MikeyM » Thu Oct 18, 2012 8:40 pm
Are PPI claims clauses automatically included as part of an IVA? I wouldn't have any problem agreeing to one in mine but I know that I have never had any PPI on any of my unsecured debts so it would seem to be a bit of a waste of everybody's time chasing when I know that there has never been any.
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 18, 2012 8:45 pm
No - it depends upon the term of your own agreement Mikey, but I think that these days most IP firms will have "all-asset" clauses contained within them which basically capture everything owned at the date the IVA is entered into - apart from those assets which are specifically excluded.
Regards, Melanie Giles, Insolvency Practitioner
 
 

asdadavy

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Post by asdadavy » Thu Oct 18, 2012 8:45 pm
i thought all this was over,im building my life up and all this is starting.
i have paid what was asked in the agreement and never missed a payment and they made me pay for another year because they had mis calculateted it.
i was lead to belive when i paid the last payment that was the end of it?
i feel like ive had a mis sold iva and i should of just went bankrupt
dave smurthwaite
 
 

Adam Davies

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Post by Adam Davies » Thu Oct 18, 2012 8:52 pm
Hi

I think, like many other people in the same boat, that you have been treated poorly by your IVA company. Poor communiaction and no regard for the fact that you have fullfilled your obligation and want to move on with your life

The sooner this PPI fiasco is sorted out the better as far as I'm concerned.

Keep pressing for closure

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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 18, 2012 8:56 pm
I agree Andy. The sooner the fiasco caused by the inappropriate practices of major banks is sorted out the better. Someone told me today that in 1997 they were paying £140 per month for the PPI on a loan they took out, which was obtained under a pressure sale and was unwanted.
Regards, Melanie Giles, Insolvency Practitioner
 
 

asdadavy

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Post by asdadavy » Thu Oct 18, 2012 9:01 pm
So am i right in saying they can only take back what i would of owed in total to pay off that debt,and any left over i should receive?
dave smurthwaite
 
 

Adam Davies

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Post by Adam Davies » Thu Oct 18, 2012 9:03 pm
Hi

If you repay all your original debt and any IP fees then you should receive any surplus. However do not hold your breath

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Andam Davies
 
 

Adam Davies

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Post by Adam Davies » Thu Oct 18, 2012 9:08 pm
Hi

Mel, my beef is the fact that this seems to be a recent area that IPs are investigating, the problem is that PPI claims have been ongoing for a number of years prior to this and the late participation by some IPs into the frenzy is the factor that is causing delay.
You do a sterling job in trying to defend the industry on this point but, as much as I admire you, we will not agree on this one.

Regards
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 18, 2012 9:17 pm
The case only ruled against the banks last year Andy - and trust me that most of us started to look into matters fairly early on. I've been receiving PPI monies since the end of last year - and a lot of other firms are reporting similarly.

The banks are doing their best to be obstructive at the moment, and where cases are having to be referred to the FO there is an 18 month backlog. This, in my opinion, is not acceptable - but is not the IPs fault and perhaps HMG need to understand how this is affecting consumers - when the current DM Protocol seems to fiercely seek to reduce consumer detriment.

We need clear guidance from our regulators that we can close cases but still continue to deal with the assets and get creditors paid from the realisations - and also whether set-off is equitable. My own legal advice indicates that this is possible - and there are various meetings scheduled with the regulators in the very near future with a view to getting such guidance.

Happy to share this with you off-line if you want to give me a call - but I won't say too much on here given that these discussions have not yet taken place and there is therefore no way of predicting an outcome.
Regards, Melanie Giles, Insolvency Practitioner
 
 

asdadavy

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Post by asdadavy » Thu Oct 18, 2012 10:17 pm
Well hopefully i will get my certificate before i retire.
I think iva s should be explained better than be debt free in 5years to say im really bitter is an understatement as do many others.
All i want is the certificate
dave smurthwaite
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