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 HELP DFD won't answer my questions about POA
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Til
IVA Journeyman



IVA completed.

966 Posts

Posted - 16 October 2012 :  17:29:17  Show Profile  Reply with Quote
Hi All

Some time ago DFD got Richardson Mail to contact me about making a PPI claim.

Richardson Mail sent me the forms to sign and I was shocked to find a Power Of Attorney form included asking us to sign this very important power over to Derek Oakley of DFD!

I signed and returned the Authority to Act form as we are not sure if PPI exists on any of our debts (I don't think they do to be honest). However I wanted to find out more about why a POA form is needed when no other claims firm seems to need this?

Despite me asking over an over for months why this Power of Attorney form is needed, all I get back from DFD is "you are legally bound to make claims for any PPI that might exists so please sign and return the POA form"... yet I feel as though I am being forced into signing a very important legal document when it is not needed and without any explanation!

My questions are this:

1. Power of Attoney is NOT needed in order to make a PPI claim - why am I being forced to sign it?

2. Why is the Authority to Act form not enough to establish if any PPI exists first?

3. Derek Oakley is leaving DFD soon according to recent press so I am nervous about signing a form giving him legal power over my affairs when he will soon no longer be part of the company?

Any help or advice would be most appreciated.

Thanks

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.

lesley_
Moderator

lesley_

IVA completed.

25676 Posts

Posted - 16 October 2012 :  17:41:46  Show Profile  Reply with Quote
Hi I can't answer your post but I'm confident one of our experts may be able to therefore I'll keep this bumped up for you. x

IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
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Til
IVA Journeyman

Til

IVA completed.

966 Posts

Posted - 16 October 2012 :  17:56:31  Show Profile  Reply with Quote
Thanks Lesley :)

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.
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Foggy
Moderator

Foggy

IVA completed.

United Kingdom
13814 Posts

Posted - 16 October 2012 :  18:27:42  Show Profile  Visit Foggy's Homepage  Reply with Quote
Hi Til. As far as I am aware, POA is NOT required to process PPI claims --- many companies do this successfully without.

That said, in my mind ( and I could be wrong) all other questions are irrelevant. If t'were me, I wouldn't sign such an empowering document in favour of a complete stranger.

Any opinions I express are merely that .. opinions based on experience. I am no expert but have difficulty in keeping my mouth shut. You have been warned :-)

IVA Completed with funds paid to date 23rd July 2013 .... Completion Certificate 10th January 2014

Visit my blog here : http://foggy.blogs.iva.co.uk/
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12 months to go
IVA Journeyman

12 months to go

IVA completed.

United Kingdom
614 Posts

Posted - 16 October 2012 :  18:49:50  Show Profile  Reply with Quote
try emailing derek oakley directly

doakley@debtfreedirect.co.uk

hope this helps

Last payment made April 2012
Certificate received 1st Nov 2012
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Til
IVA Journeyman

Til

IVA completed.

966 Posts

Posted - 16 October 2012 :  19:11:25  Show Profile  Reply with Quote
Thanks Foggy that's how I feel too... and 12 Months To Go thanks for the email address but I've emailed him twice so far and he's not even got back to me image

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.
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12 months to go
IVA Journeyman

12 months to go

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Posted - 16 October 2012 :  19:16:38  Show Profile  Reply with Quote
hi Til

Try emailing Judith Anderton , she deals with complaints and is very good, albeit she seems to be dealing with a hell of a lot at the minute !

janderton@debtfreedirect.co.uk

good luck

Last payment made April 2012
Certificate received 1st Nov 2012
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Til
IVA Journeyman

Til

IVA completed.

966 Posts

Posted - 16 October 2012 :  19:35:02  Show Profile  Reply with Quote
Thanks 12 months to go image I've just sent her an email asking for help too so fingers crossed.

At this point I feel very much as if DFD's PPI team are bullying me and intimidating me into signing legal documents without full disclosure.

Would this be illegal as I thought any companies giving out Financial advice had a duty to explain in full and make sure you understand all the details before you sign things?

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.
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12 months to go
IVA Journeyman

12 months to go

IVA completed.

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614 Posts

Posted - 16 October 2012 :  19:53:41  Show Profile  Reply with Quote
not sure about the legalities Til

however , i would suggest its far better to be dealing with this now ie 12 months away from your final payment, than closer to the end of your IVA. hopefully, by the time you have made your final payment in 12 months time, the PPI & VAT nonesence many of us are currently enduring ( i made my last payment in April ) will be a thing of the past and you should hopefully benefit from a speedy closure

Good luck amd keep us updated;

Last payment made April 2012
Certificate received 1st Nov 2012
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Til
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Til

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Posted - 16 October 2012 :  20:00:54  Show Profile  Reply with Quote
Thanks 12 months to go - I hope so too!

Sadly its actually 2 years to go for us but like you say - better to have time to sort this out now than later image


"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.
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12 months to go
IVA Journeyman

12 months to go

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Posted - 16 October 2012 :  20:03:32  Show Profile  Reply with Quote
sorry for my bad maths !!

the 2 years will fly i promise you; before you know it 2yrs becomes 12 months and before you know it your there

Last payment made April 2012
Certificate received 1st Nov 2012
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Til
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Til

IVA completed.

966 Posts

Posted - 16 October 2012 :  20:06:45  Show Profile  Reply with Quote
Thanks 12 months to go - here's hoping it flies! image

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.
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MelanieGiles
IP

MelanieGiles

48266 Posts

Posted - 16 October 2012 :  20:08:20  Show Profile  Visit MelanieGiles's Homepage  Reply with Quote
Only DFD can really answer your question about why they feel the need to rely on a Power of Attorney rather than an Authority to Act. I am sure that Derek has already left DFD, but may be continuing to operate as some form of consultant, so again you should clarify this with them when you call.

I don't think that your IP is trying to catch you out here, but it is important that you are committed and co-operate with the process.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years. Owner and Director of PJG Recovery.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp or my company website www.pjgrecovery.com

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Til
IVA Journeyman

Til

IVA completed.

966 Posts

Posted - 16 October 2012 :  21:13:13  Show Profile  Reply with Quote
Thanks Melanie. I am really keen to claim back any PPI at all to get a better return for my Creditors - it means a lot to me.

I just feel very uncomfortable about signing away such control over my own life when it isn't necessary. My life is very much under the control of the IVA as it stands which is fine as I am still grateful for the IVA getting us out of such a mess but I'm not sure how Power Of Attorney is now necessary?

I've re-emailed DFD to see if I can get a further answer.

In the meantime I am going to write to every one of our Creditors and ask them to advise me in writing if PPI exists or does not exist, as the ironic part of this is that I do not believe any does exists and all this stress could be for nothing.

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.
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MelanieGiles
IP

MelanieGiles

48266 Posts

Posted - 16 October 2012 :  22:10:12  Show Profile  Visit MelanieGiles's Homepage  Reply with Quote
They are your claims to make - you are trustee of the asset and the IP is a beneficiary of the trust. In my experience, the most successful claims seem to come where there is a dual effort and mutual trust between IP and client - so hopefully you will both achieve the result you both desire.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years. Owner and Director of PJG Recovery.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp or my company website www.pjgrecovery.com

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Broke of London
IVA Artisan

Broke of London

IVA completed.

United Kingdom
7773 Posts

Posted - 17 October 2012 :  09:08:43  Show Profile  Reply with Quote
I think it is a Richardson Mail thing. I'm with Varden Nutall but RM are handling my claims and I had to sign POA too. When I sent back an annotated letter giving limited POA for a defined time limit it was recorded as received and then lost. So I just signed the big standard letter to try to hurry things up.
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Til
IVA Journeyman

Til

IVA completed.

966 Posts

Posted - 17 October 2012 :  16:54:25  Show Profile  Reply with Quote
That's what I'm wondering Broke ... is it DFD insisting or Richardson Mail?

Either way I'm not happy signing such a powerful document when it's not needed.

I've had a lovely email back from Judith saying she will look into this for me and get back to me so fingers crossed perhaps an answer will be forthcoming.

If not I think I will have to investigate any claims myself with the 2 years I have left - that way I will pay over more (if PPI exsists which I doubt) as RM wouldn't get any fees and I would not have to sign a POA form that is not necessary.

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.
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Til
IVA Journeyman

Til

IVA completed.

966 Posts

Posted - 26 October 2012 :  17:40:00  Show Profile  Reply with Quote
Just an update as still nobody from DFD has got back to me ... but in the meantime I've had a couple of replies from Creditors in relation to PPI ... one has confirmed it existed so far, so I am putting in a claim for that and will do so for any others that say it exists ... then my IVA gets the full pot of PPI money and I do not have to use a Claims Management Company that will take a whopping cut and have me sign away Power of Attorney when it's not needed.

I have 2 years until our IVA is done so my mission is to chase down any PPI myself in that time. It's now a matter of principle.

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.

Edited by - Til on 26 October 2012 17:40:32
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canaries
IVA Junior

124 Posts

Posted - 26 October 2012 :  19:06:02  Show Profile  Reply with Quote
I think asking you to complete a POA is out of order, especially to someone you don't know, no way would I sign one unless i was ill and unable to handle my own affairs.
I would refuse point blank to complete a POA for them, but make it clear you aren't refusing them the the ability to claim PPI just the POA.
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Til
IVA Journeyman

Til

IVA completed.

966 Posts

Posted - 27 October 2012 :  17:47:18  Show Profile  Reply with Quote
Thanks, I agree Canaries. Power of Attorney is too powerful a thing to just sign away. They told me it was limited to claims but upon reading it it was very vague and also seemed to have no end date on it so could potentially exist forever!

As I said I will now chase down any claims myself so that I do as my IVA requires but without signing a POA and without giving a cut to a greedy claims management firm either.

"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved 2008 - 6 year term - last payment made 6 Oct 2014.
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MelanieGiles
IP

MelanieGiles

48266 Posts

Posted - 27 October 2012 :  18:50:08  Show Profile  Visit MelanieGiles's Homepage  Reply with Quote
There is no harm to pursuing the PPI claims yourself, without using a claims management company, and don't forget you can also claim against loans or debts which may have been paid off prior to your IVA being accepted, and not just those in the arrangement.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years. Owner and Director of PJG Recovery.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp or my company website www.pjgrecovery.com

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