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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I entered into an IVA with the out standing owed £35000.

Resolved Question:

hi I entered into an IVA with the out standing owed £35000. After the IVA people looked at my income and outcome it was determined that i could only be lent £8500. Within the proceed of the IVA being set up I was asked if i had any PPI this I replied 'I have know idea'. So the IVA company got a sister company to approach me and with saying 'Lets see if we could pay your IVA off' I signed. They have recieved £13000 in PPI in which the sister PPI claims company have pocketed 30% not paying my depts. This has left me with a bad taste in my mouth.
Also on the basis that I didn't know i had PPI isn't a sound judgement for signing over 30% just incase I have. They are like rouge builders as they do something close to nothing for they money!!!
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.They have taken 30% fee for dealing with the PPI aspect? Did you sign any terms and conditions please?Alex
Customer: replied 1 year ago.
yes,,,, blindly
Expert:  Ash replied 1 year ago.
Its bad news then I am afraid, if you signed the terms and conditions then they are entitled to their fee. This is because you should have read them, if you did not that that is not their fault.You may be able to claim some of it back if you argue the terms are unfair, but this means going to Court. Under the Consumer Rights Act 2015 S.62 states:(6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer.Therefore you may be entitled to some or all of it back but you would need to issue proceedings against them.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
within the laws of an IVA can the company farm out my dept problems to make profit for themselves IE the iva company owns the ppi claims telephone operation Seems to me they prey on the venerable as i trusted them to retreive as much ppi to pay my depts not pocket it for themselves
Expert:  Ash replied 1 year ago.
If you signed terms that allowed then to take 30% then yes. You could have done this yourself recovered PPI but it would have meant that 100% would have gone back to creditors.As it stands if they wont refund sadly you need to sue.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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