In 2015 Grant Thornton (GT) started sending letters to some people who had completed their IVAs asking them to authorise new PPI claims. Some of those receiving the letters completed their IVAs and received their completion certificate several years ago. Some are sure that any PPI claims have already been completed.
In April 2017 the Green v Wright appeal has been upheld, see PPI claims after an IVA has finished for details, including a link to the legal decision and my summary of the decision.
This means that some IVA firms ARE entitled to continue to collect PPI after a completion certificate has been issued.
In 2019 Aperture is sending more letters to people with closed IVAs asking them to sign various things to allow PPI and other financial claims to be processed.
To everyone who is getting these letters and is upset:
- I understand why you all feel aggrieved at an unpleasant episode in your life that you thought was well in the past being resurrected, despite your completion certificate looking totally clear to you.
- I understand that some people think that Aperture are mainly concerned to line their own pockets because of the huge amount of money that they and the claims company deduct in fees.
- I understand that the fact few people have received any of the 8% money they were previously promised by Aperture doesn’t inspire any confidence in what they are saying.
The Green v Wright appeal court decision in 2017 (see link above) was that in some situations an IVA firm is entitled to claim PPI refunds after a completion certificate like yours has been issued.
Your options now include:
1) to sign their bits of paper and let them get on with it. On a practical note this may be the simplest and least stressful option for you.
2) to ignore them – I do not know what Aperture will then do. Someone asked “If I refuse what is the worst they can do? Can they reopen the IVA? Cancel the closure certificate?” I am not a lawyer, you would have to take legal advice on that.
This is a perfectly reasonable request. Without a copy of your IVA agreement, how can you check whether the Green v Wright case applies? When you get this, you may then – depending on what you get – want to ask Aperture to explain something or to complain about their requests about PPI.
Once they have considered your complaint, if they reject it you can then send it to the Insolvency Service Gateway for an independent person to look at your complaint.
Whilst all this is going on, it is highly unlikely Aperture could take any action because you haven’t signed what you have been sent. This could take a very long while but it would be some work for you, it depends how cross you feel about this.
4) You may feel like Malcolm in a comment below that:
“FDMs T &Cs in the small print are outrageous and basically by signing you are giving them full authority to do what they want in your name forever more. Any claim in my name for any mis-sold product would be fraudulent.”
If this is your main concern, you could reply saying that you don’t mind them looking into things but you are not prepared to allow a claims company to issue any claims which you feel are fundamentally untrue and you want to be able to approve any that are issued individually, not give FDM authority to say whatever they like.
Many people would be uncomfortable unless there is a restriction on any investigation to matters before the IVA completion.
In this case if the T&Cs are amended you will be happy to sign.
5) You could just kick off PPI and payday loan refund claims yourself using Resolver. It is worth making these claims even if you have previously had a rejection as the rules have changed. See https://www.resolver.co.uk/rights-guide/ppi-reclaim.
Doing this means you still have to pay the money to Aperture but at least the claims company wouldn’t pocket a huge amount (Resolver is free) and also you would be more in control so there would be no danger of a claims company making any statements about your situation that were untrue. Of course this is more work for you.
I can’t suggest what you should do
I am not a solicitor. I have not seen your IVA documentation and wouldn’t comment on it even if I had, so please don’t offer to send it to me.
I am not saying that ignoring these letters is a good option – if you want to do that you should consider taking legal advice.
Aperture closing for new business
You may have seen the news that Aperture are no longer taking new IVAs. So far as i know, this won’t affect what they are doing to try to get PPI from old cases.