HELP DFD won't answer my questions about POA

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Til

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Post by Til » Tue Oct 16, 2012 5:29 pm
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 Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

Shining

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Post by Shining » Tue Oct 16, 2012 5:41 pm
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.
 
 

Til

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Post by Til » Tue Oct 16, 2012 5:56 pm
Thanks Lesley :)
"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

Foggy

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Post by Foggy » Tue Oct 16, 2012 6:27 pm
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.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

12 months to go

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Post by 12 months to go » Tue Oct 16, 2012 6:49 pm
try emailing derek oakley directly

doakley@debtfreedirect.co.uk

hope this helps
Last payment made April 2012
Certificate received 1st Nov 2012
 
 

Til

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Post by Til » Tue Oct 16, 2012 7:11 pm
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 [}:)]
"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

12 months to go

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Post by 12 months to go » Tue Oct 16, 2012 7:16 pm
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
 
 

Til

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Post by Til » Tue Oct 16, 2012 7:35 pm
Thanks 12 months to go [:)] 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 Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

12 months to go

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Post by 12 months to go » Tue Oct 16, 2012 7:53 pm
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
 
 

Til

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Post by Til » Tue Oct 16, 2012 8:00 pm
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 [:)]
"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

12 months to go

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Post by 12 months to go » Tue Oct 16, 2012 8:03 pm
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
 
 

Til

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Post by Til » Tue Oct 16, 2012 8:06 pm
Thanks 12 months to go - here's hoping it flies! [:I]
"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Oct 16, 2012 8:08 pm
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
 
 

Til

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Post by Til » Tue Oct 16, 2012 9:13 pm
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 Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Oct 16, 2012 10:10 pm
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
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