www.iva.co.uk

I am about to complete my IVA with my last payment taking place on Sep 1st 2013. In May I spoke to DFD with my intention to sell my house as my mother lives with me and her health is not good (heart problems), and the stairs are a bit steep. I can't get a mortgage but am not bothered about that, so have opted to rent instead. The problem is that I ask DFD if there would be any further payments required from the proceeds of the sale of my house as the money would be needed for rental purposes among other things. I was assured that as I had paid more into my IVA than was originally agreed that any remaining debt would be written off and a letter was sent confirming what I was told on the phone. On the basis of this I then went ahead and sold my house. My deeds had a restriction placed on it by DFD so I rang up and enquired about it and DFD are now telling me that I will be required to place more money into my IVA using the proceeds of the sale of my house which is casting a huge cloud over proceedings and placing me under a lot of stress. Despite what my letter says they now appear to be making me pay off 100% of my debts which is not going to help me. I am finding the whole process right now very frustrating and DFD just do not reply to emails and I don't wish to have another frustrating conversation on the phone with them. I am too far in to the sale now and am about to complete on it. My letter explaining that I would not have to pay anymore into my IVA on completion and the remaining debts will be written off seems to be not worth the paper it's written on and I have tried to explain this to them and I am getting nowhere. In fact the person I spoke to a couple of days ago was the very same person I spoke to in May who told me the complete opposite of what I am being told now. I really don't know what to do here.

Oh no, I really feel for you, but know where you are coming from with being told different things. I am just trying to get my cc after final payment in Oct 12. When you see ive paid 100p in the £, plus £14k in fees and there is a surplus, you would think its pretty straight forward. It wasnt until I posted on here after numerous phone calls that I started to get things moving.
Ive been dealing with Judith anderton from DFD who has now got me a variation date of the 5th August.
You can e-mail DFDForumsupport@fairpoint.co.uk with IVA forum in the subject, and she might be able to help if you explain everything you have on here. (not sure if they work the weekend thou)
Really hope you can get this sorted.

Hi Mark, I would definitely stick to your guns regarding this, they have actually put it in black and white, surely they can't renege on this?

Perhaps one of the experts could comment on this matter for you. Good luck, hopefully Judith will come up with some sense and be able to look at this, failing that I would perhaps consider taking some legal advice just to see if you do have a case.

Mark if I were you I'd strongly consider legal advice on this matter.

From your description of events and dependant on your IVA agreement I think that whilst your still in your IVA, it would of been inevitable that selling your house prior to your Completion Certificate, would cause creditors to seek up to 100% of your debt from the proceeds and therefore DFD would be correct in seeking the extra money on the sale.

However, after correctly seeking advice in this matter from DFD and receiving written confirmation from them that they would NOT be seeking any extra money from the sale, I would say you have good reason not to comply with any further request for such funds, after all, albeit in my opinion they have made a huge error in their pevious advice, you do have it in black and white.

In my opinion DFD should take this on the chin, its their error, however, thats easier said than done but whilst they still have the "restriction" then they may not relinquish it so easy.

I'm with Orchid..........if DFD wont give way then take it to Court.

This is all of course in my own opinion, hopefully an expert will give their opinion.

Good luck

Honesty with the letting agent goes along way ... Some landlords will not touch anyone in IVA however if letting agent is aware they can usually persuade landlords ...good luck

Hi Mark, they probably recorded your telephone conversation, request the transcript. All you need to do is give them the number you called from.

Hello Mark,

Please find my email address in my profile. If you could drop me an email I will look into your case further, and get back to you to discuss any questions or queries.

Thanks,
Matt

I would request that you speak with your IP directly on this matter. The issue is important, and needs to be addressed with some urgency by someone who can make decisions and explain their reasoning to you directly. I imagine that Matt would be able to arrange this for you?

Glad to see that you are now getting the support you need - but do insist on speaking with your IP directly if things start to slip.

Have now spoken to them, the picture is no clearer until they have their final review with the creditors. So at this stage I have no idea what I will have left from my half of the proceeds of the sale of the house - it's all a bit complicated. Last payment 1st September anyway - is their light at the end of the tunnel??

I suggest that you arrange a face to face meeting with your IP so you can fully understand the chain of events which has led to the current position. It is clear that there are a number of misunderstandings, which can often be easily cleared up in a meeting.

Melanie, I have sent you a message via your website as a further serious situation has developed and I don't want to post the details on here.

I've seen your note Mark, and we will of course respond - however I am unable to engage in case specific advice for anyone who is not a client of my firm.

This would breach professional ethics, in that you already have an IP acting for you and they would not welcome my un-researched advice and lack of knowledge of the details of your own case - indeed I would not if the shoe was on the other foot.

Sorry I can't be more helpful to you, but I do hope you manage to resolve things soon.

Thanks Melanie - situation now resolved thanks.

I am so glad to hear that - all is well that ends well once more.