I have spoken with DFD again this week and I think we are getting somewhere, although why it takes them a week to retrieve my old file is a mystery. It appears that when I put my original list of creditors together to put into my IVA, (First Credit Management on behalf of RBS) where contacted (along with my other creditors) but as they didn't send in a claim form they weren't included in the F&F dividend payment but I have been told that they can't now chase me for these debts - is this right and if so, why are they after such a long period of time?
It is now two years since my F&F and I am only just finding this out and would have thought I should have received a list of who were (and more importantly who weren't) paid out dividends with my chairman's report at the time. However, I am still being chased for payment of this debt by Triton (another two letters received in a week and a very rude woman ringing me at the weekend asking "how I was going to pay off this debt" without asking why I was calling). But until DFD can retrieve my file and send them a Certificate of Completion then I will probably still receive more letters and phone calls. I spoke to someone this morning at Triton to explain the situation who didn't think a Completion Certificate would be enough as he said "RBS would have put in a claim form at the time"!
This does seem like a matter for DFD to resolve. However, your final report will have listed who got paid and who did not so you should send Triton a copy of this and tell them to contact DFD. If they refuse, threaten to report them to the Office of Fair Trading and I attach a link to their debt collection guidance notes.
I would say they have no chance of proving that you owe them any money now, if they were so unhelpful to your IP at the time the IVA was in place, and am sure DFD will want to help you resolve this as best they can.
If the debt owed to RBS was incurred before the date of the original creditors meeting for your IVA, then they will be included in your IVA. They would have been given every chance to submit a claim and therefore receive a dividend payment, however from what you say, it looks like they did not submit a claim and thus were excluded from the dividend payment. However, even though they did not submit a claim, they are still bound by the IVA. This means that their debt is still satisfied when your IVA successfully completed and they are not allowed to pursue you for payment.
I suggest you speak to us and we can provide you with a copy of your completion certificate(if you need one) as well as a copy of your original proposal and Chairman's Report which will show that this debt is included in the IVA. Hopefully Triton and RBS will then stop chasing you. If they do not stop chasing you, speak to us again and we will speak to them on your behalf, to explain the situation and ask them to stop chasing you.
Thanks for your all your replies and especially to Declan for replying. I am waiting for one of your team to call me back on Monday and we can hopefully sort this matter out once and for all.
This forum has been a massive help to me and I can only praise the good work you are all doing.
Thanks Lady H. It's funny how one small thing like this can bring all old feelings back (even after 2 years of being "debt free") but just confirms to me that I will NEVER go down the credit route again. If I can't afford to buy with cash then I don't want it. Saving for things now is a pleasure and no great hardship.
It took DFD 5 weeks to retrieve my file from archive and even then, they initially said they could not help me as they had no proof that the RBS debt was passed to First Credit Management in the first place. It was eventually sent to DFD's technical department and at last, I spoke to someone who knew what they were talking about. In the meantime, Triton had passed my "so-called" debt to Moorcroft and I was advised that I should send them a letter with all the information, including a copy of my completion statement and chairman's report, which I did. The letter was sent this Tuesday with guaranteed 1pm next day delivery. I received a letter from Moorcroft this morning saying "further to my recent correspondence, could I please contact them with a payment plan". Aaaaagh!!!!! Anyway, I spoke with the lovelly lady at DFD earlier today who said she had just spoken with a lady at RBS who actually confirmed my debt was being dealt with by First Credit Management at the time and as they had not submitted a claim when asked to do so and were subsequently excluded from any dividend payment, they would now get in touch with Triton and subsequently Moorcroft and let them know the file is now closed on this matter. Huge sigh of relief all round.
The thing that really bugs me though is that I put all my faith in DFD at the time and we all know how stressfull and upsetting the initial stages are. I never once spoke to my allotted IP (who I believe has now left the company) and in the last 8 weeks (and throughout the course of my IVA) have been passed from one person to the next who obviously had no idea what they were talking about as I was initially told it was my problem so deal with it. I know Declan posts on here now which is a huge help for some people, but I just wish I had gone with a smaller company who would have given me a more personal service. When I ring them now I am still asked for personal details i.e. name one of your creditors when I want to shout "I don't have any creditors.......!!!
I do agree that sometimes a smaller company would be better, but hindsight is a great thing! The main thing is that it has been sorted.
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
