www.iva.co.uk

FIRST DISPUTE MANAGEMENT
I have recently been contacted by the above on behalf of Aperture.
I completed my IVA over two years ago and have the certificate.
I am 100% certain I have never had PPI but Aperture forced me to give authority SHL before closing the IVA. Incidentally SHL would have deducted 41% + had they have found PPI.
I am also certain that I have never been mis-sold any other financial product.
Basically they are attempting to coerce people in my position to make false/fraudulent claims.
What can they do if I refuse?
Who do I complain to?
Regards
Malcolm

All companies are searching out PPI claims. You may think you didn't but just let them do it.

You are obliged to co-operate with these claims --- you are not making fraudulent claims -- you are asking the banks to investigate.
I was, also, certain I had no PPI -- they found more than £8,000.
The fact that any PPI belongs to the IVA after completion has recently been verified by the courts, so there are no real grounds for complaint.
What they can do if you refuse is, so far, an unanswered question, as it hasn't been tested by either side so far. Theoretically the IP could, if so moved, apply to the court to have the IVA re-opened or even set aside ... whether this would work or not I have no idea.

Thanks for the replies and I understand that any subsequent legitimate claims should be paid to the creditors and I completed and signed a letter agreeing to this half way through the IVA.

I knew I never had any PPI but checked twice even before entering the IVA.

During my IVA Aperture forced me to agree to two different companies to check for PPI and I fail to see what FDM are going to do differently by checking for a fifth time.

FDM's terms and conditions as laid out in the small print are outrageous and they do not even state what their fees are.

Basically I have not being mis-sold any financial product and do not want to entertain FDM.

I suppose I will have to complain to Aperture and then go to the Ombudsman but would appreciate any advice.

The ombudsman was the one who has advised claimant's to reclaim (more than once) as they found that many previous claims had been incorrectly refused and those that were paid out were often underpaid. Now, with the impending deadline, firms are in panic mode to try again and, sometimes it is paying off. It is not the fault of the IP's that the banks have continually resisted paying legitimate claims.

You make reference to having an £8,000 claim in mis-sold PPI. You could have found that yourself, it is not difficult.

In this example Apertures previous agent Slater, Hayward and Law would have deducted at least 41% or £3,280 for basically doing nothing more than sending out a few letters.

Great for them, Great for Aperture as they will get their percentage but certainly not good for the creditors or you.

You are missing the point and seem overly sympathetic towards the IP and my gut feeling is that you are not genuine.

He is genuine! I know where he is coming from and why would you pay for someone else to retrieve money which will never be yours?

Mon May 06, 2019 9:19 amMalcolm.w wrote:

You make reference to having an £8,000 claim in mis-sold PPI. You could have found that yourself, it is not difficult.

In this example Apertures previous agent Slater, Hayward and Law would have deducted at least 41% or £3,280 for basically doing nothing more than sending out a few letters.

Great for them, Great for Aperture as they will get their percentage but certainly not good for the creditors or you.

You are missing the point and seem overly sympathetic towards the IP and my gut feeling is that you are not genuine.

Hmmmm ----

"Sympathetic towards the IP" ? You have obviously not read many of my posts.

"Not Genuine" ? ---- just checked in the mirror ... I am definitely real !

"Missed the point" ? Sorry -- what WAS your point ? The money belongs to the IVA. Why should I pop an ulcer getting it ? Why should the IP believe I have tried my best to get something for them that I will never see ?

Who gets what ? -- Don't care, not my problem, the creditors are happy.

And --- that £8,000 was actually rolled into a loan that had been re-financed several times over the years and was pretty well hidden --- but, again, why pop my own ulcer over it ?

The point is basically that the IP has appointed a company that will make claims on my behalf for money that are I know am not entitled to and my opinion that this is fraudulent as I have never had PPI or being mis-sold a financial product..

They will attempt to force me and others in the same position into signing this agreement and I am seeking assistance in knowing how to best challenge this and deal with them.

As Foggy says - you do not think you did but, personally speaking, just let them get on with it.

I have taken advice and in my circumstances and as the IVA is closed the IP has no authority and I have filed the letter in the bin. If they harass me again I will be taking action.

I appreciate other peoples circumstances are different and whilst this forum is very useful I would advise proper advise is sort.

Fri May 10, 2019 9:05 amMalcolm.w wrote:

I have taken advice and in my circumstances and as the IVA is closed the IP has no authority and I have filed the letter in the bin. If they harass me again I will be taking action.

I appreciate other peoples circumstances are different and whilst this forum is very useful I would advise proper advise is sort.

As would we all when the situation demands it ... all we can offer here are our thoughts and personal experience and we regularly advise posters to seek qualified advice where required.

We are here to offer advice and support to people who ask for it. We do have professional people on here who can always can be contacted.

Before everyone completely loses their head. I received a letter dated 15.5.19. My IVA was completed in 2011. I spoke with First Dispute Management (FDM) for clarification before I have signed anything . I successfully claimed PPI back after my IVA was completed but before the Green v Wright ruling. Aperture are/were Grant Thornton and have sent a generic letter to all those who had an IVA. FDM explained that they are not interested in "clawing back" (their words) historic PPI refund (at least not in my case). What they are trying to do is to look at unclaimed PPI or unfair commissions that I do not know about. They have not asked me to pay any further payments into what they have confirmed is a completed IVA. Just remember that the Green v Wright ruling does mean that they have the right to look at unclaimed PPI refunds and to pay this into your IVA.

Our issue was always more that we did actually use the protection offered by the PPI on a number of occasions.

Therefore we could not argue it was missold.

If you truly believe that you did not have PPI OR that it was never missold, then state that on the documentation if you are feeling pressured to return it.