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Everything posted by Ypnos

  1. Major update on this: First of all, the PPI reclaims company have washed their hands of this. Great! So, since November I have been waiting for Natwest to process my claim. They eventually sent me a letter offering me £3k. I signed and returned it. I heard nothing for weeks, so I called them and asked what's happening; they said that there are arrears on a loan account and would be paying into it instead! I said that my IVA had completed and they asked for a certificate of completion, which I supplied and there should be no open accounts. I called the trustee to find out what the terms were regarding this and they not only said that the terms of my IVA specified that following completion, any PPI should be paid directly to me, but they no longer had any authority over my finances and can't really enforce anything either way. They said all accounts should be closed and if Natwest is holding any accounts open, they are breaking the law. Last week I received a cheque from the bank for £247 and a letter that said a further £600-odd would be going towards paying arrears on a loan account! This is despite me proving to them that the IVA was complete. So today I called them up to ask what's what. I made the woman read out loud the contents of the IVA completion certificate (to confirm they had received it) and asked her why they are holding this account open. She said she does not know, but she did confirm that they had contacted my IP and confirmed what I said above. She has now raised some kind of payment query, which will take 48 hours (Monday, basically). I asked why this was not raised during their 2 month long, so-called, investigation and instead it's coming out now, after the time has passed that they are legally allowed to take - no answer. If I get the wrong answer on Monday, I will be contacting the Ombudsman. What a nightmare and talk about banks dragging their feet!
  2. Thanks for your replies everyone mightymouse_69 - basically they didn't give Natwest the correct address for the Subject Access Request (during the IVA) and Natwest declined to release the information. Curiously, the PPI company and the IP decided not to pursue the matter, even though those two loans consisted, by far, the largest portion of my debt. The way I see it is that they chose not to ask me for the correct address (I didn't know they needed it) therefore I will assume they did not want the money and it is no longer my problem. The IP advised me that the matter is now closed, the accounts are closed, everyone walked away happy and they will not be pursuing me for any more payments. Our business is concluded. Seems pretty final to me. The PPI company did not do any legwork other than sending off the (failed) SAR, I've done the rest - as far as I'm concerned, based on everyone's indifference to this outstanding PPI, this money is mine. Heck, if it's a large enough sum, one could argue that I wouldn't have needed the IVA in the first place.
  3. Thanks for replying The IVA has been paid off and all accounts closed. I have a letter of completion and it happened months ago. My problem is that I'm worried the PPI company is going to pursue me, even though I went out of my way to chase them up to correct their paperwork before I would sign it.
  4. Hi all Here's a brief timeline of what has happened and current problem at the bottom: I was in an IVA The Insolvency Practitioner employed a PPI claims company to look into PPI on my behalf The IP asked me to sign their paperwork, but that any PPI found would go back into the debt (sigh) I didn't care what happened to the money since I wasn't getting it, signed the papers All but one debts came back without PPI As I didn't care, I forgot all about it A few months ago I paid off my IVA Last month I came across the old PPI paperwork. The two loans I had with Natwest had not been authorised for PPI search Contacted PPI company and asked what was what. They took one of my old addresses and finally Natwest released information I was owed PPI PPI company sent me Letter of Authority. I read it, the old IP's name was named as the payee! I contacted PPI company, they said not to worry, I would be paid anyway. I said I'm not signing anything with someone else's name on it, send out new paperwork. They said OK. No paperwork turned up. I called them no answer. Looked on MSE, found a number at Natwest to call. Called Natwest PPI line, they said they'd been looking for me to pay me back the PPI. I sent off the Ombudsman paperwork straight to NW I get a call from PPI company today, asking if I received the paperwork. I explained all the above, they're saying I've signed their Ts&Cs (while I was in the IVA, which at the time I did not care about) and that there could be some trouble. Bearing in mind I haven't signed or sent the Letter of Authority, what trouble could there be? Thanks in advance.
  5. Hi all Just before December 2012 I left Orange after 8 years and moved over to Three. I called their sales line and the person I spoke to sold me a 1 month rolling contract for £12.50 a month. During our conversation, he offered (without me asking) free tethering. I remember this clearly because in 8 years, Orange had never mentioned tethering to me, I just used it normally on my Android phone and it worked - so I was perplexed by this offer, but obviously I did not turn it down. This month I have tried to use tethering and I got a message in my browser saying Three does not allow tethering on my contract and to contact them! I called them almost 3 weeks ago and complained. I said that if they go through the recording, they will find their sales person offered this up very clearly. He said they would get back to me in 3 days. Fine. Yesterday (nearly 3 weeks later) they finally got back to me and said they did not have the recording (convenient), but that basically I am mistaken and their sales person was also mistaken. The man was rude from the beginning and said, word for word "if you don't like it, either pay £25 for the one plan (whatever that is) or we'll send you your PAC and you can go somewhere else"(!!!). This is unbelievable and this man works for their specialist team! I don't know if I have any recourse, but I have learned my lesson and installed call recording software on my phone so in the future if they lose their recordings, I will be glad to supply mine.
  6. Well, I have not yet received the official figure for PPI but the guy said that as I have 4 separate sources of credit on the IVA I should expect at least something and anything under £500 is not considered a windfall and I can keep it. As for numbers, if memory serves, I'm paying 75p in the pound. I'm rubbish with numbers so I honestly can't remember how much I owed and how much I've paid off
  7. Don't get me wrong, I'm happy to co-operate as I have nothing to lose. But, the fact remains that mis-sold PPI isn't an asset as such, it's fraud money. Moreover, it's fraud committed by the very people whom we are repaying in the IVA. When I signed up with my insolvency practitioner (who, ironically, became insolvent a couple of months ago!), I was told that his job was to be an independent referee whose job was to _not_ look out for one's party's interests over the other's. If the IP is there to maximise profits for the creditors, then surely he is in breach of his role...but that's another matter altogether.
  8. Hi all I am in my 4th year of an IVA. Today I received a phonecall from my insolvency practitioner saying that they have hired a PPI reclaim company to look into my case. He said that due to the fact I'm so far into my IVA, there is a chance it could end early if the PPI is high enough. However, there is obviously a chance that it could fall short or there could be none at all. What bothered me is that if there is not enough, the creditors get this "windfall". So if I understand the situation correctly, the creditors could use the money they fraudulently obtained to pay themselves? But what really irks me, is that if this PPI (which I have never asked for) had figured into my repayments, I may not have felt the need to enter into an IVA in the first place... So, if I (for example) owe £10000 and I am currently paying £5000 back over the course of the IVA and the PPI "windfall" is £5000, that means that the creditors are still paid in full and I still end up with a shattered credit record and really I needlessly entered into an IVA. Have I completely missed the point or is this totally immoral? Has this been tested in court?
  9. Hi Got a letter from Natwest with whom we have contents insurance, saying "thanks for renewing insurance" and that the new policy starts on 23-01-2010. Can we stop this from happening as we want to go with another insurer for far less? Thanks
  10. I'm very sorry to hear about what happened to you jonathan440, it's horrible when someone invades your private space... I can only echo what others have said. If the exact wording of the policy states that the locks must be in use, assuming you declared them when you took out the policy, then you won't have much luck. If you're unsure, try scanning the policy documents and posting them. All the best.
  11. Also, when you say you cancelled the direct debit, do you mean you did it directly through your bank or through the insurer? I believe that cancelling a direct debit without going through the person/company you have the DD with, it could affect your credit rating. I can't say much with regards to the refund issue as I don't understand what you've put lol
  12. Hi all I just called The AA Pet Insurance to cancel as I got a much better quote. It turns out that they had my cat down as a British Shorthair (pedigree) when mine is a Tabby. because I've had the insurance 2 years now, I can't actually remember what I put, although I doubt I would have put her down as a British Shorthair. Anyway, they adjusted my premium and it came down to a very reasonable price. I asked if I would get a refund as I've obviously been paying too much and they said no! I believe I've overpaid them by around £160 over the last 2 years. What shall I do?
  13. Thanks all and thanks brokebutnotbeatn (your monicker describes my life accurately lol). I've taken your advice on board and will follow it by leaving the IVA alone. 4 years and 8 months to go!
  14. Well, the amount I owe is pretty much around the minimum amount for entering into an IVA and with my current repayment scheme I will have paid off the debt plus I.P. fees in exactly 5 years. The way I see it, Halifax have been charging me interest while they haven't produced a valid credit agreement, which means that since requesting [the credit agreement] I was not bound by their terms and conditions, therefore that interest should not have been charged to me. When I provided the figures for the IVA, I gave the Halifax debt minus what they have been charging me for all these months. Halifax gave their version of what I owe and the I.P. took that as the correct amount (I estimate about £400 more, which is almost 2 monthly payment's worth). If the amount owed is reduced, then I can either reduce monthly payments or (more likely) pay it off sooner. That way I can finally get rid of this noose from around my neck and start living life as normal again. Thanks
  15. HI, thanks for replying. The full story can be found here (including scanned documents): http://www.consumeractiongroup.co.uk/forum/general-debt-issues/153570-halifax-sent-me-unsigned.html
  16. It took them 9 months to produce something for me and even then, they sent me my original signed credit card application form, not the agreement itself.
  17. Hi all I'm in my 3rd month of an IVA and I'm wondering if I can challenge one of the creditors, who did not provide a credit agreement for 9 months prior to the IVA. Also, the document they did eventually produce was my signed credit card application with what looks like Ts&Cs photocopied to the back of the document (looks very out of place). Thanks in advance
  18. I was looking for advice with regards to my credit card details being stolen and used to buy a bunch of mobil phones and came across this thread and I gotta say it's quite a weird one. If I understood this right, the wife committed fraud by pretending to be someone else, hid all the evidence from her own husband, the husband has gone to court for it and yet he still blames everyone except the person committed the criminal offence in the first place? ok....... on with the search lol...
  19. Just been reading through the official form to be filled in and I have some questions, if anyone would be kind enough to answer. Why do I need to disclose the value of a company car? I'm just an employee and not in management. My bank account is frozen and all money in it is given to creditors? Surely that's not right! Can they take my pension money? I have sold 3 cars in the last 5 years, but none in the last 12 months. Do I need to declare those? What if I don't have information on who I sold them to (they were private sales)? Are they likely to take our TV? It's a couple of years old. Are they likely to take my PC? I need it for work. Would what few assets I do have be safer if I took out an IVA instead?
  20. Hi all I wasn't going to lie about it, was just wondering if any part of one's income was protected.. In answer to your question, babybear, no I do not have any assets. Company car, rented (furnished) home, no savings or shares. Even when I was going through the IVA the practitioner noted that I have nothing that would interest them, even if I were declaring BR. Thanks for any further advice
  21. Well, it has come to this... I went through the motions of an IVA and the amount payable ran £100 above what I initially agreed with the IP, which is much too much to afford for the next 5 years. So I've decided to petition for BR. If I'm gonna pay through the nose with no ability to save anything for a rainy day I might as well get it out of the way as quickly as possible and 2 years is a long time. I have a query. I am able to occasionally earn overtime (I must stress it is not guaranteed and may soon be withdrawn altogether). Is there any way of protecting this modest amount? What happens if I lose my job? (The full story can be found here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/153570-halifax-sent-me-unsigned.html ) Thanks
  22. Well I've had a reply from Halifax. It's another photocopy of the agreement with the T's and C's on the back again and the covering letter just says "here's the information you requested". No signed confirmation that it is the true copy.
  23. Interesting argument! I hope some opinion will be given soon.
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