www.iva.co.uk

Hello,
This is a bit long, but bear with me.

Like a lot of you, my IVA was transferred from PJG to Creditfix.
I never had any issues with PJG and always found them very helpful.
Things couldn't be more different with Creditfix!

At my last annual review, PJG (Mel) told me that I was entitled to keep 50% of a PPI claim. This totalled approx. £800. This was written in the review letter that I received from Mel. Unfortunately, my review coincided with the move to Creditfix (CF). When I contacted PJG about this, I was told that my case had now gone to CF, and I should speak to them about it. This was in November last year.

Since then I have been trying in vain to get CF to answer my query and get my £800 from them. Due to this ongoing issue, I told CF, in writing, that I would not be signing their T&C's. CF have never questioned this.

Today, I finally got a reply from CF about my PPI money: here it is;

Dear XXXXX

I sincerely apologise for the delay in response to your query.

I have reviewed your case and I can advise you of the following:

The agreement regarding the distribution of PPI funds has not been ratified by the creditors. The purpose of the Mass Variation Meeting (MVM) is to clarify and obtain ratification from the creditors, as we do not believe the supervisor has discretion on this matter.

The resolution regarding the distribution of PPI funds states that ‘The debtor be authorised to claim 50% of the net realisations after costs from mis-sold PPI during the course of the IVA’ which is the way PJG proposed to distribute PPI funds.

I regret to inform you that without agreement to the Mass Variation Meeting we cannot refund any PPI funds because PJG did not ratify this amendment to your arrangement with your creditors. However, if you do agree to the MVM, and provided that a majority of your creditors accept the corresponding resolutions, there is still a chance that you may be able to obtain a refund on the PPI funds received.

There are other resolutions included in the Mass Variation document, if you wish to discuss this further I would be happy to go through them with you.

Kind regards

Teala Elsy
Creditfix Ltd
4 West Regent Street
Glasgow
G2 1RW


As you can imagine, I am absolutely furious about this.

From this email, it would appear that CF are saying they will not give me my PPI money unless I agree to their T&Cs. I hate to use the phrase, but this seems to be blackmail.

From my perspective, CF are wrongly withholding this money from me. Mel has stated in writing that I am entitled to keep 50%, so, as my T&Cs have not changed, CF should now give me that money.

Someone from CF is supposed to be calling me about this later today....I shall not be holding my breath.

Your thoughts, comments and observations would be most welcome.

If you have it in writing from Mel then they are surely blackmailing you? I know PPI is a really grey area I am not signing T&c'S BUT I am prepared to not getting any PPI as it was never stated I would I can understand why you are miffed I would challenge them if I was you

CF cannot change the terms and conditions of your IVA. If you have confirmation from Melanie that you are entitled to the money and they are refusing to reimburse it then perhaps you need to ask the regulators for a ruling.

You could also consider legal advice as it would be difficult to give an opinion without seeing the whole file and correspondence.

Can someone clarify - when correspondence like this is sent out is the member of staff deemed to be acting under instruction of the IP or do they have delegated authority to make these decisions?

Either the IP is totally ahead of the game in terms of their profession, the company is determining what they allow and the IP is just a figure head or maybe the IP never wants to work again after this.

No matter what the reputational damage coming through for the company and IP's generally at this stage is not good.

I had a reply (eventually) from the same person thats mentioned at the bottom or the email (Teala Elsy) My query to her took several days for a response, and she stated the reason for this was that she had drafted a reply to me which then had to go to her manager for approval first. She wouldn't say who this was or what level they were at. Begs the question, could we not just deal with the managers direct ourselves in the first instance?

JMF - waste more time by making a complaint to CF FORGET IT!

Go straight to the regulator. I would go has far to say the CF are not entertaining any complaints at this juncture - this is more or less what CF told me yesterday!

Thanks Michael,

I had a call from Teala in CF customer services.

I explained that I was not prepared to sign the mass variation paperwork, and that I believed that CF now owe me approx £800 as per my PJG annual review letter.CF stated that it's their belief that Mel was not authorised to allow me to keep the money, as she did not seek proper authorisation from my creditors! So they're trying to blame Mel...which is outrageous.

The result of the conversation is that CF are now dealing with this issue as a formal complaint from me.

If they do not resolve in my favour, then I will be taking this to the regulators and ultimately will seek legal advice.

Where is Susan Wrigglesworth in all this?

Honestly, it's easier to get an audience with the Pope!

By the way, to the OP, I dont have any advice I can offer about your situation, but just to say it sounds very wrong to me too, and I would definitely take it further.

Thanks Rock20,

I may well go straight to the regulator.

Teala said that they try to resolve complaints within 14 working days.....but may take a bit longer!

I will give them 14 days, and then get the regulator involved if I've not received a reply.


Don't get me wrong, Teala was very helpful on the phone. I have no problem at all with her. My problem is with CF who seem to have bitten off more than they can chew with taking on all those PJG cases.

Also, has anyone ever received a 'Welcome Pack'?I've had an initial letter saying CF re taking over my IVA; then the Mass Variation letter, and finally the red standing order letter. No sign of a welcome Pack though.

JMF,

This is their Modus Operandi. Nice pleasant people who are customer facing, and the back office is where the sh@t heads reside!!

They will suck you dry given half the chance, and then spit you onto the rock road of Bankruptcy.

I am not aware of anyone who received a welcome letter - this would cost money after all - not what Pearse Flynn is about!!

Giving them 14 days to reply is generous of you. They would fail your IVA in has many minutes given half the chance.

Good luck with your journey.

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by jmf293

Also, has anyone ever received a 'Welcome Pack'?I've had an initial letter saying CF re taking over my IVA; then the Mass Variation letter, and finally the red standing order letter. No sign of a welcome Pack though.

That would cost them money.

Cheaper to say they've sent one than to actually do it.

I don't know of anyone who received this mythical 'pack'.

Rock20,

They're certainly not a patch on PJG.

I'm making sure I have 'clean hands' in any dealings with CF. For instance, I've done everything they've asked me; sorted out the new standing order; replied to every email and letter. My behaviour in this has been faultless. Theirs on the other hand.......

There certainly not JMF.

I was with PJG originally for 48 months of my IVA, and it just trundled along nicely.

Not anymore.

10 months here, but I am SO,SO grateful at the way the IVA was set up. Even 1 day with PJG is worth it.