Ask a Law Question, Get an Answer ASAP!
Good morning Nicola,
I would like you to continue with this.
I am being bombarded with letters from the PPI Claims Management company 'Red Star' of Manchester with requests to complete their questionnaires and provide personal information regarding my dealings with 13 credit card companies over five years ago.
They are doing this to try to recover compensation for any miss sold PPI's that I may have taken out during the period when I was using credit cards. They coheresed me into signing over to them any compensation that is recovered, to them so that they can use that money first to extract their own fees, then to pass the balance to my ex insolvency supervisor at Duff & Phelps, Manchester who will then extract his fees then hand the balance back to the credit card companies that may have been involved at the time of my IVA with not one penny being paid to me.
I consider this to be harrasment and since there is no benefit to me I want it to stop but it all hinges on wether what they are trying so do is 100% legal or are they taking a chance on pulling a fast one one what they may regard as an old age pensioner?
I have set out the circumstances in my previous question including names, dates etc. and am able to provide to your legal expert any further information that may help. I would have thought any legal expert specialising in insolvency and IVA law would be able to answer my question which basically is 'do they have the legal right to what they are doing and can they force me by law to comply with them and at what potential cost to me'?
Tel: UK 01530-249253.
5 Dabey Close, Markfield,
Leicestershire, LE67 9UJ.
I understood that you had experts on your pay role and that they are all in-house so to speak, does this mean that you have to find some expert from outside your organisation then contract him/her to deal with my legal question? Does this mean that once you have found the expert I will then have to pay more to have me question answered? It would be best to let me know this before it goes too far.
Regards, ***** *****
OK, I'll wait and hope for the best.
Why does it take so long to answer such a simple question? If you can't find any expert to look at this then please let me know and refund my money, I am sure that I can get the question answered by the Citizens Advice people.
Before it was neccessary to enter into an IVA, I did have outstanding credit card debts, these were not for loans but were for for services purchased via one of the 13 credit cards. I was not aware that I had eneter into any PPI contracts with any of these card companies but the search has found two and the rest have reported that there was no PPI with them. However, this has not stopped me from being harrased by RED STAR the company engaged by Duff & Phelps to provide further information that is not relevant to their search. They already have the names of all the creditors and Duff & Phelps have all the details so I don't know why they need any more infor from me. I am a full time carer for my wife whi is very poorly with broken ribs, sternum and hip so it leaves me very little time to be messed about by claims that I never even asked for but which were started by Duff & Phelps to try to get more money from the creditors that they say will be paid back to the creditors, this seems crazy and can only be so that they can charge my ex creditors more in fees. I have paid back all money due under the IVA and am now clear of debt. I don't need this harrasment and I am not interested in climing any PPI.
No, they have not made that type of threat, but have stated that completing their questionnaire is 'mandatory' giving the impression that it is a legal requirement.
One of the creditor banks that they contacted sent me a letter direct stating that Red Star were not authorized to act to collect PPI compensation and that their name did not appear on the ministry of Justice website, and it was this that made me suspicious!
Once the IVA started I was not allowed to have a bank account or credit debit card at all so no loans were taken out during the entire IVA period over just over five years. They opened a special bank account for me called the One Bank that allowed my pension to be paid into it and the IVA repayments to be taken from it. It did have a debit card but this had to be loaded from the account and that amount was all the card could be used for.
I have been ignoring all requests but they continue to send letters, I must have received over 50 now. I am convinced that they are pulling a scam and that any compensation due from any PPI that I may have paid into the credit card companies should belong to me after their 25% fees have been deducted and that any balance should not become an asset that has to be paid to the creditors as that whole thing was a legal agreement that I have complied with 100% paying every single repayment.
I am hoping that you will find that what they are doing is not legal.
I was about to start the letter to Red Star as you suggested and had just finished counting just the number of pages in the questionnaire that they expected me to complete and it amounted to 40-pages of A4. Then I received another letter from them telling me that they were running out of time and need these questions to be answered as soon as possible or they may have to raise an invoice to bill me for the extra time and letters they are having to send to me.
Now this IS a direct threat and since it was not me who initiated these searches, but the insolvency practitioner, then how can they now bill me?
I am also waiting for advice on the same subject from a Barrister.
Any comment would be welcome.
I thought it may be, so I will start the letter to them as a reply to their threat to bill me in the morning then send it recorded delivery and mention that I am going to bill them an admin fee for all the letters that I have had to deal with as you suggested.
The reason I have contacted a Barister is that I need to know if their whole project to recover 100% of money from my creitors which should be due to me as compensation for my creditors miss-selling PPI to me; is in fact legal and if they have a legal right to persue me in the way that they are doing. Once I have the answer to that question then I will feel more confident to go after them 100%.
Best regards, ***** *****