Trying to close IVA with Debt Free Direct

[DustyJaneway]

Hi everyone,

Well I'm absolutely appalled by the "customer service" that DFD provides.

As my IVA was drawing to a close last year, I did not hear anything whatsoever from DFD. I actually had to ring them up in December 2011 to see if I needed to make a payment that month, and they told me I didn't, as the payment in November was my last one. I felt elated that my debt troubles were finally over(!), but still a bit annoyed that DFD hadn't bothered to contact me to let me know, or inform me of what would happen next. So I asked on the phone and was told that I would receive my Certificate of Completion in a couple of months’ time, as it would take a while for "everything to get finalised". I was a bit 'miffed' at having to wait, as I didn't see why it would take so long when my IP would have known that my case was due to be closed and could have started preparing for it. But I was just relieved that my final payment had been made and so I accepted that I had to wait a while.

A few weeks after I had made the phone call I received a pack from - you guessed it - Equity In Finance! I ignored the pack as I did not believe I was mis sold any PPI, and also because I had completed all payments on my IVA and there was nothing left owed on it. Even though I explained this to EIF, I continued to receive annoying phone calls from them.

The New Year came and I was still waiting for my Certificate of Completion. Then I waited...and waited...and waited... So I eventually chased DFD up by sending them an email at the beginning of April. When I received an email back saying that my case couldn't be closed due to the "VAT Tribunal which took place in July 2011" I was absolutely appalled! I could not believe that I had made my final payment 5 months ago and was only now being told that my case could not be closed (and only because I'd had to chase them up!!). DFD had obviously known about the VAT issue since July 2011, but hadn't bothered to inform any of their customers about it! Then they lie to me on the phone in December 2011 saying that my case will be closed and I'll be sent out of Certificate of Completion, when quite clearly they knew this would not happen because of the VAT problems!!! It's absolutely disgusting that they have left/are leaving people "dangling" thinking their IVA's are going to get closed when they aren't [:(!]

The email from DFD also stated, "A review for mis sold Payment Protection Insurance is also part of this closure process and will be completed during this time. If you have received a pack of information in regards to this review and have yet to sign and return the paperwork please ensure this is completed and returned as soon as possible. If you have not yet received this paperwork please let us know that we can arrange for it to be posted again." As I have said above, I don't believe I've been mis sold PPI and I do not want this to further hold up my case being closed. I have fulfilled my part of the IVA and have made all of the necessary payments. None of my debt was wiped off, and I have repaid everything I owed. So I don't see why I should be forced to make this PPI claim. Again it's just absolutely disgusting behaviour from DFD.

I have now received a letter from DFD titled "Variation to allow closure of your IVA". It sounds like they are trying to vary the terms of the IVA in order to allow for the closure of it in light of the VAT issues. However the attached "Notice to all creditors" letter that came with it is not written in 'plain English' and I just don't know whether I should sign "Yes" or "No" in respect of DFD varying the terms of my IVA. Because of how DFD have been, I just don't trust them. I don't want to sign yes to something which will then ultimately tie me in further. But likewise I don't want to sign no and then end up delaying the process myself. I did a Google search re this letter, but couldn't find anything, other than the page about it on the DFD website: http://www.debtfreedirect.co.uk/vat-in- ... e-consent/

Has anyone else received this letter? Did you sign "Yes" or "No"?

I've read that several other debt management companies are going ahead and closing IVA cases regardless of the VAT issue, so I don't see why DFD can't just do the same [:(]

[orchid5]

Hi dustyjaneway,this does seem to be a problem for a lot of people, i too am with DFD but not in the position you are currently finding yourself, hopefully Declan can perhaps pick this up and answer some of your questions, i can fully understand your frustrations, hope it gets sorted soon, good luck. x

[kazzafunk]

Hi dusty - welcome.

Please email declan @ dfd. His email address is:

dmurray@debtfreedirect.co.uk

Hopefully he can help you to understand the letters.

[Kelly O]

Declan is a regular contributor to the forum and im sure he will help you if you contact him

I hope you get it sorted out soon

[DustyJaneway]

Thanks for your replies orchid5, kazzafunk and kelly o. I shall email Declan. Glad to have found this forum [:)]

[kazzafunk]

You're welcome.

Let us know how you get on. Hopefully it will all be sorted shortly for you. It's a lovely feeling when the completion letter is received.

[artemischild]

Hay Dusty

im now in the same place, i havnt yet recieved a letter but am told i will in the next week. As i understand the variation allows them to close, if we tick 'no' then nothing will happen in closures with our case and we have to wait for further guidance from HMRC (this could be another 6-12 months)

DFD have always stated closure can take "up to 6 months" (this was stated in my original proposal back in 2007) so add on to that VAT and PPi issues i can see how it could (not should!!) run post 6 months.

I as i was infomred the PPI avenue is pretty much a 'have to do thing', even if your not sure they will still want to investigate, as its not just PPI there claiming back, as i was informed by EiF this morning its also unfair charges such as over priced admin fee's (the type when you go over limit, miss a payment etc).

Either way i fully agree, many of the above things could have been done 6 months prioir to final payment, im amazed poeple only reciveving PPI pack months after their final payment etc

Hopefully Declan will be able to shed some light on your specific case

Arty

[DustyJaneway]

Hey Arty[:)]

So many of us are in the same boat I guess.

I have emailed Declan and will let you know when I have received a reply. From what you have said though, it sounds like the best thing to do would definitely be to vote "Yes" for DFD varying the terms of our IVA's. Another 6-12 month wait for our cases to be closed would be excruciatingly painful![:(]

Re EIF and PPI... I've spoken to EIF a couple of times on the phone now (as they keep on ringing me). I told them that I didn't believe I was mis sold PPI, and that my IVA ended in November 2011, however my case was still open because of the VAT issue. EIF said I didn't need to sign anything now, but when I receive my Certficate of Completion, I should forward it to EIF and then they will look into any mis sold PPI on my behalf anyway, should I change my mind. They then said that any PPI reclaimed would go to me, and not to DFD.

Plus I've read a post on here from someone on this forum who said they'd contacted DFD re their EIF pack, and apparently DFD had told them it wasn't compulsory? I have asked Declan in my email whether this is true or not. If it is compulsory, then it's an absolute joke. I would totally get it if I was halfway through my IVA, and then monies reclaimed could be paid INTO my IVA. But as I have paid off all of my IVA (and didn't have any of my debt wiped off), where then would any reclaimed PPI go? To the creditors, of whom (potentially) mis sold me the PPI in the first place? It just doesn't make sense. Or I suppose DFD would want to get their hands on it. I just think if I don't want to put in for a PPI claim, then I shouldn't have to, and I certainly shouldn't be threatened with DFD refusing to close my IVA until I do so. I have fulfilled my end of the IVA by repaying all money owed. Now DFD need to fulfill their end by closing my case and issuing me with a Certificate of Completion.

I just hope by signing "Yes" for DFD to vary the terms of my IVA, there aren't any hidden "nasties" in there...like having to make a PPI claim!! lol

[artemischild]

Hi Dusty

EiF are currently a nightmare, ive just lodged a complain with DFD about them after discussing it the other week with Declan from DFD. All i would say is be careful, its seems EiF don’t really care where there clients come from, they just want their 40% of your PPi reclaim. Also just so your aware i have been told 'mis-sold' pii can still be mis-sold even if you agreed to it as the policies taken out would never have covered you for what they promised, therefore even if you agree to it, they may still be able to claim it back, also many creditors are encouraging people to claim it so they get a proportion of there money back. Also your IP has a duty to maximise your return to your creditors, i know you say you have paid back all of what you initially owed however it will still be seen that once you add your IP fee's you may still in effect 'owe' monies, plus any interest that would have applied to your debts which were frozen.

I know you say " DFD need to fulfill their end by closing my case and issuing me with a Certificate of Completion" they may not see it as you have completed 'yopur end of the deal' if PPi cliaming is also included, therefore closure process may be halted, sadly its a right mess and a big grey area which after a year of discussion is still messy and confusing!

Either way only you can decided what you want to do or not do, and whether to agree 'yes' or 'no' to the VAT variation thingy [:O]

Arty

[kazzy]

I paid 100% of my debts, plus all the fees and such - I received a claim pack from EIF around the time of my last payment to DFD. They then rang me and told me that I needed to return the pack to them. I simply told them that since I'd paid all my debts, plus the fees there was no obligation for me to claim to add extra money to the pot (coz it was already full up lol). They said fine and would I like to claim and recieve the money myself as it wasn't needed for the IVA, I said yes and I will be, but on my own as I'm not paying anyone else for filling a simple form in.
So, in short, tell EIF you've paid 100% and you're not obligated to pay any more in - simple.

[chris1982]

It is compulsary well they basically forced me into signing it a few week ago saying it needs doing to close your IVA

[kazzy]

not if you've paid a 100% dividend plus fees it isn't - I'd like to see any company try to force that one lol

[kallis3]

I agree that if you've paid back in full plus the fees then you should be able to claim back any PPI for yourself!!

[vince666]

Interesting to read that DfD are going to submit a mass of variations to enable them to start closing cases again - I wonder if they will be charging a variation fee for each one?

[dawn20]

wwww