BIG help needed with Payplan and Them Keeping my PPI

smartdaz9682

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.

-taff

IVAs are a grey area for PP complaint redress.
Any of the following scenarios are possible.

They can keep it all, they can let you have the interest, they can give it all to you.
Try the FOS.

phil2580

Green v Wright is the key point here.

I work for an IVA provider, and we are taking the view that until any appeal on the above case is heard, any post-IVA PPI refunds are due directly to the client, not the IVA. This is a stance we have agreed with a number of creditors.

I'd suggest referring Payplan to the case (Green v Wright [2015] EWHC 993)

mwarby

the interesting thing would be, in the event of a successful appeal, do the clients of your firm have to give money back ? can imagine things getting messy if so