www.iva.co.uk

Hi
Wonder if anyone out there has any advice, I took out joint iva in 2oo7 and offered full and final payment in 2011, cc certificate received 2012. In 2013 I contacted DFD as I had been contacted by old bank to say ppi was due, DFD wrote e mail stating as closed I could pursue and keep any monies. October just gone my husband received letter from Barclays to say £700 had been paid to DFD for ppi. I have contacted debt free direct they now say that rules have changed and they are keeping the money for creditors, which I believe is sat in an account and has not been distributed, we have had no corrispondance what's so ever from DFD, if we had not contacted them we would have no idea money had been sent to them, is this even legal? Have rules changed and are they allowed to do this after confirming we can pursue and keep any monies, just looking for advice, DFD have asked us to seek help from citizens advice,

Hi

The current case law says that once a CC has been issued any PPI belongs to the debtor BUT this is currently going though the Court of Appeal (Green v Wright) and the hearing is set for sometime this summer.

If the outcome remains the same then I would think you are entitled to the money full stop.

That aside I would think that given you had not only the CC but written confirmation from DFD previously that you could keep it I would definitely take this further to try and get this back and consider making a complaint.

Ask them what authority they have to keep the money and remind them they have already given you consent to retain this money.

Send this in writing to them.

Hi foxylady,
Please drop me an email (address is in my profile), with all your contact details and I will get in touch to discuss your issue further.
Look forward to speaking to you soon.
Regards,

Hopefully Laura will now sort this for you and if they previously gave you consent to keep the funds then retract their latest statement.