I received a letter from DFD in early November asking for all the paperwork to do the 1st year review,I sent everything back immediately & have since heard absolutely nothing !.On checking my chairmans report it does say on it no variation for first 24 months so does that mean no increase in the IVA ?.
Also despite e-mailing my ip directly on the 5th January requesting him to put together an F&F I have again heard absolutetly nothing.
Do you think it is time for a follow up or should I leave it a bit longer.
Normally, what that means is that you cannot request a variation for any reason for 2 years. A lot of them have that now.
I would contact them again and ask if they are willing to look at your F&F offer or are they sticking by the no variation clause.
It could just be that they are very busy at the moment.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Most modifications do not allow a variation to reduce the payments in the first two although some mods did get through preventing a variation for any reason at all. This was clearly ridiculous so a variation for a full and final can be put forward.
It may be worth a follow up call to confirm but I would assume that DFD will send out the variation proposal at the same time as the annual report so you should hear from them very soon.
Sorry Michael, I thought it was for no reason at all.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
You are right Jan in that some mods did go through banning all variations and hopefully cashonly is not caught by this. We had a situation where a husband and wife split up and wanted to sell their property to do full and finals. Unfortunately, there was a mod banning variations within 2 years but we managed to get a variation accepted. The creditor who inserted the mod agreed to accept a variation to remove the mod and a further variation to accept a full and final. I have not seen the mod since so hopefully it is not being inserted anywhere else.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Dave, you could try writing a letter with the ammount you wish to offer and your reasons why. Send it by special delivery so you can check its been recieved.
Other than that i would just keep emailing your IP to the point you become too annoying to ignore.
I have e-mailed all the details of my offer of the F&F with proof of the money directly to my I.P but heard nothing as yet,reading other posts on this forum it seems I am not the only one disappointed with the response (or lack of it !) from DFD.
Dont get me started on the communication skills at DFD...........or lack of.
Just keep emailing until they HAVE to respond. At least then you will know thats its been looked at.
I wish somebody at DFD would read this forum and see just how distressing their lack of communication can be. GGrrrrr
Whilst some proposals say no modifications to be done in the first 2 years - in reality if circumstances are such that a modification is needed then your IP will do one and one of the clauses to any new variation would be to "disregard such initial no modification clause". My firm have done several successfully over the years.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
I do think that clause is wrong. Peoples circumstances change and you cannot say that in two years your financial incomings and outgoings will be the same, particularly with the financial climate being the way it is.
I think that should be scrapped.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
DFD have never been anything but supportive to us - we email our communications to them and they confirm receipt of them - every time we have asked for things in writing it has happened - I know the annual review process, since merging with the other company, has delayed them by about a month - we were told to allow up to three months for a copy of the report - it is likely that they have done the review but not got round to typing the report out ! Email them or ring their customer service team - as I say we have not experienced any negatives and hope we don't !
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
Strangely I only have that clause in about three of my IVA proposals, as we firmly explained to creditors at the time that it was not acceptable and they agreed to remove it. So far as I am aware, it did not hang around for long, but other IPs may have had differing experiences. As David says it is easily overcome, but better not to be there in the first place.
