IVA Completed - Debt Free Direct Not Helping

[mulder68]

I wonder if any of the IP's here can give me some advice?

My IVA has been active now since August 2006 with DFD and I just cannot for the life of me seem to get this closed and finalised.

My last payment was in December 2012 and since then I have been messed about back and forth with DFD, I don't know if I am coming or going. Each time I think I may be on the way to getting a C of C, another spanner is thrown in the works. The crux of the matter seems to revolve around PPI claims as per my previous posts.

Rather than let Equity in Finance deal with my PPI I decided to investigate it myself. I wrote a letter to all my creditors and in some cases paid money to have statements and documents relating to the account s sent to me. This went on for about 6 months and in December I had heard back from all my creditors. I intended to put all of this data in an envelope and send to DFD as there wasn't any PPi to claim.

However, in mid December, I received a letter and phone calls regarding my IVA which as far s I was aware were asking me to sign a variation to my IVA, signing over all and any right to PPI over to DFD. I was told that if I did this, then I could finally have my IVA finalised and a C of C sent out.

I signed this document electronically on December 30th 2013. Yesterday I email DFD to find out where we are up to with getting things finalised and was told that they are still waiting for me to sort out my PPI and they ae also trying to arrange a meeting with creditors. I will copy the contents of the email in the next message if anybody would like to read it.

I am absolutely stunned by this recent response. I guess this means that I will now have to wait another 6 months or so for the C of C, that is.............6 months after finalisation, if that ever happens. That will then take my IVA to over 8 years old.

What happened to the statement "Clear your debt in 5 years"

Is there anybody who I can take this too? Solicitor, Ombudsman etc? because I find this whole process downright disgusting if I am honest. How can DFD keep hold me to ransom for so very long?

Regards

Simon

[MelanieGiles]

What do they say the purpose of calling the meeting of creditors is for Simon, if you have already assigned your rights to any PPI (which you have already explored that there is none to claim) to your IP?

[mulder68]

I'll post the email Melanie.Perhaps you can make more sense of it than I can


------------------------------------------------

Thank you for your email.

As previously discussed, we need to ensure that all potential PPI matters have been investigated before we can proceed with the closure of your case. The Variation that you have agreed to is an approach that we are taking to allow us to continue with the closure of IVA’s and continue to deal with PPI outside of the arrangement. We are in the process of arranging a meeting of creditors date in regards to this.

As you are conducting PPI investigations yourself, we may have to approach creditors separately to ask if they are happy to proceed with the closure of your IVA whilst you are investigating PPI independently. I will look into this issue further and email you early next week with further information as I am out of the office tomorrow.

Alternatively, you are able to instruct EIF to investigate PPI on your behalf by returning a completed PPI pack to them. This route would allow your case to complete once the Variation meeting has been held with creditors as all PPI matters would be handled directly by EIF.

As I am out of the office tomorrow, please feel free to email my colleague Ashley Rainford, should you have any further queries. Alternatively, I will respond to any further emails next week.

Kind Regards

[MelanieGiles]

Not sure I understand that, as the mechanics of the IVA ought to allow them to close but continue to pursue assets captured by the IVA post-closure in any case.

If I were acting for you, I have to be honest that I would have concerns about allowing you to continue to pursue claims where I had no power to compel you to do so once the IVA had closed. It would be better to agree to instruct EIF in these circumstances, because if you have already confirmed there is no PPI, they will effectively be wasting their time but not yours.

[mulder68]

Well i haven't confirmed there is o PPI becuase before i sent all of the correspondene from My creditors back to DFD they contacted me asking me to agree to this variation which efferctively signed ovr all PPI claims to them, or so i thought.

Now they are saying otherwise. I am just so confused and ed up of this after so long.

[MelanieGiles]

If you are confused, then clearly insufficient time has been spent to fully explain the intended process to you. I therefore suggest that you arrange to have a direct chat with your IP - preferably on a face to face basis - so you are left completely understanding of your options and you can then decide on the best way forward.

[mulder68]

Melanie can I ask, do you think what has transpired over the last 7 and half years reasonable practice?

[MelanieGiles]

Absolutely not. I think it is despicable that banks have been selling or forcing unwanted insurance products on their customers as conditions of seeking finance. It is just such a shame that my profession are yet again the ones left to pick up the pieces, and that former customers of these banks are suffering alongside.

[Sharon.10]

I would complain to the ipa about your ip I have an on going complaint with gt regarding my case and the way I was treated by them I had to chase things up myself in the end to get my cc.

[mulder68]

But do you think how DFD have handled things is fair and reasonable?

[Sharon.10]

No they havent handled it right keeping you waiting too long for a cc is wrong I have on going ppi yet my iva closed because I made a complaint.

[MelanieGiles]

I cannot comment on the activities of a fellow IP mulder68 - it would not be fair nor professional without full sight of the facts relating to your case. If you have a genuine complaint, then do follow their internal complaints process before considering taking the matter to the regulators.

[mulder68]

Thanks for the replies. I am going to raise a complaint with IPA today.

[donttrustthem]

hi, i think i might be able to just beat you on this!
i started an iva in 2006 for 6 years,i paid my last payment in October 2006 and im am still waiting for my certificate.
i ring up weekly and get the same , we are waiting for ppi from Equity in Finance.
this company is about the worse i have ever known,they tell you they are waiting on just one more then out of the blue they will send you another claim form 3 months later. then 3 months after that they will send the first form again saying they never got it etc etc.
dfd have behaved badly in this telling me that i had to go with Equity in Finance to sort it out even though i said it would be quicker to do it myself. they have admitted several times that they got paid a small referral fee to point me in their direction.
i also have a meeting coming up in which they propose to end my iva ,2p under the 41p dividend and have any remaing ppi added after the iva is completed. so fingers crossed.
dfd over charge and manage ivas poorly ,the fact that mine is under dividend and it has never been mentioned is one thing ,the fact after my final payment (of which two dfd people confirmed was the final payment),they told me i had to pay £1200 as they had a computer problem and i was short!is another!
or the kick someone while they are down one of "because we forced you to use eif and they have taken years,i will arange a meeting with the creditors to propose the ppi as added afterwards" and charging £500 for it.
wish i had never heard of dfd or eif. the fact was in 2006 they could tell you lies about 5 year iva`s and the creditors paying for the iva.
quite ironic really that mis selling is holding my mis sold up !!

[MelanieGiles]

If they have received a referral fee, for sending your case to this PPI claims firm, then this will need to be paid into the IVA in full as an additional realisation - so the firm cannot profit from the referral, apart from the fee they may be able to charge from this additional receipt.

So sorry to hear that you are having a less than positive experience in finalising your IVA donttrustthem, and do speak to the complaints department if you need to.