Knightsbridge/CreditFix IVA - treated me very badly - thinking of BK now - help

[Jaksmyboy]

This query was specifically about trying to claim the 'lost' PPI though...and whether that would still be possible?

[dx100uk]

yes you can .

do you know who the original creditor was ?

 

 

 

[Jaksmyboy]

Yes, Beneficial Finance...?

[dx100uk]

so hfc bank

have you ever sent them an sar?

have you sent the people that did reclaim an sar too?

 

 

[Jaksmyboy]

I've sent claims advisory group a SAR hopefully coming soon as sent beginning of May.

 

Haven't sent Beneficial Finance a SAR because I haven't got the account number but might get this from claims advisory group SAR..? Hoping so anyway...

 

Many thanks

[dx100uk]

You dont need a/c numbers

just read the full sar link

Dx

[Jaksmyboy]

Another SAR received today from Coop energy...

 

 

[Jaksmyboy]

Another SAR received from Together....

 

 

[Jaksmyboy]

Any advice here greatly appreciated...

 

I've approached HSBC about some PPI that was claimed through claims advisory group just before we went into our IVA 3 years ago-but it was never received by the IVA company (Knightsbridge-CreditFix)

 

HSBC say they will send out the acceptance form again, as they can see the money wasn't claimed, but will require either a signature from our IP or a copy of the termination certificate and a letter from CreditFix stating they have no further interest in the payout.

 

CreditFix are stating that they can't do this as they do still have an interest in the PPI payout even though the IVA has now failed-they say it is in the general T&C's of an IVA..... (our IVA started with Knighbridge and got sold off to CreditFix-if this makes any difference)...

 

Is this right what they're saying, that they could take the PPI despite the IVA having failed?

 

Thanks

[dx100uk]

no they cant take it if you cancelled/ the IVa failed.

utter rubbish

 

as for hsbc

copy that CF letter to HSBC but redact the rest other than the IVA failed bit

[Jaksmyboy]

They say it is in the t&c's that still have an interest/claim on ANY PPI claims up until the full amount is paid...

 

Copy the claim form onto here?

 

I'm not at home otherwise I'd have a look at the SAR received from Creditfix or Knightsbridge see if there is anything to say they have a claim on it...

[dx100uk]

no the iva has failed

 

dx

 

[Jaksmyboy]

Thanks @dx100uk

 

So, I've looked through my proposal from Knightsbridge (as they were the company we took our IVA out with) and I cant see anything about being subject to the 'conditions' of the IVA after it has finished/failed.

 

The proposal I have uploaded is what I signed. I have highlighted the only parts I could see that relates to 'after-acquired assets' or windfalls and it doesn't state anything about when the IVA is finished for whatever reason.

 

I have also uploaded the 'Straightforward Consumer IVA protocol' (this is the 2016 version and came into force after our agreement, but I cant see an earlier version) which my proposal refers to on page 1 and still I don't see any reference to what they are suggesting (see page 32 of the protocol)? Unless im missing something...?

 

So, where would people suggest I go from here. I'm guessing HSBC wont be satisfied with the termination certificate and will want proof that the IVA company don't still hold an interest in any PPI claim-do I sent these documents across to them with the certificate of termination and claim form (not arrived in the post yet).

 

Thanks

IVA_Proposal_Compressed.pdf IVA_Protocol_2016_Compressed.pdf

[dx100uk]

well ofcourse it wont.

just royal mail hsbc as I said

 

you broke the terms the iva is dead

dx

[Jaksmyboy]

Sorry Dx I didn't get what you meant there with the CF?

[dx100uk]

well ofcourse their T&C wont ever say anything..

T&C's are not binding anyway

else they'd never be any PPI reclaiming nor CAG as we came out of the bank charges reclaiming in 2006

 

just get on with HDBC as advised

[Jaksmyboy]

But HSBC won't release the funds to us without the letter from the IVA company stating they hold no interest in the claim or a signature from our IP to release it..

 

That's why I looked into how I could get the IVA company to send the letter through..to prove they have no interest. 

 

The T&Cs might not be binding but they quoted them to me today on the phone as to why they can't provide the letter I requested...?

[dx100uk]

oh god please stop talking on the phone.

they'll say anything they like as it cant be proved what they said or didn't.

 

all you needed to do was get confirmation the IVa is cancelled

now you've tipped them off...

 

 

[Jaksmyboy]

HSBC stated that the certificate of termination wasn't enough...they also needed the stuff mentioned above... 

 

I rang to enquire about them sending me out a letter...didn't think it would be an issue as the IVA has failed etc...

 

Not sure what I've tipped them off about though..they have no details of the claim and HSBC won't contact them..they expect that we will provide the info they requested..?

[Will Goodfellow]

On 14/06/2019 at 20:02, Jaksmyboy said:

I've looked through my proposal from Knightsbridge (as they were the company we took our IVA out with) and I cant see anything about being subject to the 'conditions' of the IVA after it has finished/failed.

 

Even though your IVA has now terminated, it is possible that any PPI payment which you receive will have to be paid in to the IVA. Case law established that a trust is formed when you agree to the IVA, and unless there is a specific clause ending that trust upon termination of the IVA, the trust still exists. Even successful completion of an IVA does not dissolve that trust, it absolves you of the liability for those debts but the debts still exist. It is very likely that your PPI payment will be paid to the insolvency practioner and not you.

 

Also, if you still owe a debt to the company which you are receiving the PPI payment from, it has a right to offset the PPI award against any debt which you owe. Even if the IVA trust has ended, the creditor can take all of the PPI payment if it is larger than the debt.

[dx100uk]

most of the debts appear to be very old and have been sold to DCA's so the OC cant off set them .

knightsbridge and their latter co-horts creditfix as well as the PPI reclaimers all stem from the same 'pot' of people and ex-employees etc of one firm or another and were/are only ever out to line their own pockets . we've never seen these force an issue like this to court and I doubt they ever will.

it would expose their dirty dealings toward customers too much . terrible set of companies, sadly most of these IVA firms are the same.

 

[Will Goodfellow]

They don't need to force the issue in court. Even though the IVA is officially terminated, HSBC will not release the PPI payment until the IVA provider confirms it holds no interest in the payment. And the IVA provider is already claiming it does have an interest. The likelihood is that HSBC will give the PPI payment to Creditfix and it will then be up to Jacksmyboy to make a claim for the money.

[Jaksmyboy]

Thanks for the reply @Will Goodfellow tbh, that is what I suspected from the reading around in have done.

 

So HSBC wouldn't likely accept the certificate of termination alone or a copy of the t&cs from Knightsbridge that were signed..?

 

But how would we make a claim for it from Creditfix? 

 

Thanks

[Jaksmyboy]

Thanks for the reply @Will Goodfellow tbh, that is what I suspected from the reading around in have done.

 

So HSBC wouldn't likely accept the certificate of termination alone or a copy of the proposal from Knightsbridge that we signed..?

 

But how would we make a claim for it from Creditfix? 

 

Thanks

[Jaksmyboy]

We've received the acceptance form through today from HSBC.

 

It requires a signature from Michael Sloper who was the IP with our original IVA provider (Knightsbridge) before it got transferred to CreditFix.

 

Any advice on what to do from here greatly appreciated.

 

Thanks

Acceptance form1.pdf