BIG help needed with Payplan and Them Keeping my PPI

[Smartdaz]

Hi guys. Ok so I'm going to try my best to explain it all date by date below. I had some debt issues awhile ago and was put on an IVA with Payplan.

November 2008, I started the IVA with PayPlan


November 2013, I completed the IVA and was given the completion certificate which I have here with me


10th September 2015, I was informed by AI scheme limited (by letter) that I may have a PPI claim


21st September 2015, I received letter from Barclaycard saying my claim was sucessful and that they has sent a cheque for £3601.61 to Payplan



25th September, I called Barclaycard requesting the cheque be stopped as I haven't had any dealings with Payplan since my completion in November 2013 but was told that I had to contact Payplan.


25th September, I called Payplan but was told they are allowed to keep the money and I am only entitled to the intrest (8%).

After explaining that the completion certificate says that they are only entitled to any 'pending PPI claims post closure) I was told that I am still only entitle to the 8%.
The lady on the phone said "Oh we are allowed to keep it for up to 6 years after the start of your IVA" ..... However it's now been over 7 years. Her supervisor still said "You can have 8%"



I did try to log on to the PayPlan site to look at any old documents but as the IVA ended in 2013 it won't let me in.

Do I have a legal standing on this? I had no idea any PPI was due to be until a couple of weeks ago when AI scheme said I might have. It's been way over the 6 years since I started my IVA and I have the completion certificate to prove I finished up in Nov 2013. Any help you guys could give me would be very much appreciated.

I heard about Green VS Wright in March 2015 that may be of help? Thanks.

[Kati]

Re: BIG help needed with Payplan and Them Keeping my PPI

:welcome to LB Daz
[MENTION=48934]Debt Camel[/MENTION] ?? Any advice here??

[Smartdaz]

Re: BIG help needed with Payplan and Them Keeping my PPI

:welcome to LB Daz
@Debt Camel ?? Any advice here??

Thank you

[Debt Camel]

Re: BIG help needed with Payplan and Them Keeping my PPI

Hi SmartDaz,

I've written about the Green v Wright case here http://debtcamel.co.uk/ppi-claims-after-iva/. The G v W appeal is now expected to be heard in May 2016.

From what you have said, it seems likely that the G v W case is relevant to your situation.

The lady on the phone said "Oh we are allowed to keep it for up to 6 years after the start of your IVA"

That is an argument that I have not heard before and I am not sure what it is based on.

You could wait until the result of the appeal is known and then if the appeal is rejected, again contact Payplan and ask for the whole amount to paid to you. Or take legal advice on whether you have any possible actions now that wouldn't just be held up pending the G v W appeal.

I am not a lawyer and I can't give you legal advice on this. And good though the Legal Beagles are, this is a specialised area of law and I am not sure who else around here would feel competent to say much.

[Smartdaz]

Re: BIG help needed with Payplan and Them Keeping my PPI

Hi SmartDaz,

I've written about the Green v Wright case here http://debtcamel.co.uk/ppi-claims-after-iva/. The G v W appeal is now expected to be heard in May 2016.

From what you have said, it seems likely that the G v W case is relevant to your situation.


That is an argument that I have not heard before and I am not sure what it is based on.

You could wait until the result of the appeal is known and then if the appeal is rejected, again contact Payplan and ask for the whole amount to paid to you. Or take legal advice on whether you have any possible actions now that wouldn't just be held up pending the G v W appeal.

I am not a lawyer and I can't give you legal advice on this. And good though the Legal Beagles are, this is a specialised area of law and I am not sure who else around here would feel competent to say much.

Thanks for your reply. I read your article on the Green VS Wright case and wondered what wording it's depending on so I can see what my completion form says.

[Debt Camel]

Re: BIG help needed with Payplan and Them Keeping my PPI

The full judgment is here http://www.bailii.org/ew/cases/EWHC/Ch/2015/993.html. There is an extensive discussion there of the Terms and Conditions of the IVA and the wording of the Completion Certificate. And in both cases your document may not be the same as Wright's.

[Smartdaz]

Re: BIG help needed with Payplan and Them Keeping my PPI

The full judgment is here http://www.bailii.org/ew/cases/EWHC/Ch/2015/993.html. There is an extensive discussion there of the Terms and Conditions of the IVA and the wording of the Completion Certificate. And in both cases your document may not be the same as Wright's.

Ok great thanks I'll give it a read over.