Completed DFD IVA

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emmyjw7

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Post by emmyjw7 » Mon Sep 28, 2020 7:32 pm
Hi ,we completed our IVA with Debt Free Direct in October 2016 with the usual clause of PPI needing to be paid back to them with Equity In Finance being instructed by DFD to act on our behalf. We received no notice of Aperture taking over our case.

We had one or two initial payments for PPI that we sent directly to Equity In Finance but heard nothing further from them or creditors regarding any further PPI. We considered the whole thing ended, we thought EIF had completed all PPI chasing.

We have now received a letter from a bank regarding PPI on loans that were fully paid and not part of the creditors list on our IVA. However, the claim was made by a different PPI claims company that we have not instructed, and we have no idea who they are.

On googling I found out DFD was bust, Aperture had taken over and this PPI company are somehow linked to Aperture. Again I reiterate 1. we received no notice of our case moving to Aperture, 2. we did not instruct this PPI company 3. the PPI payout is linked to fully paid loans from prior to the IVA and were not listed in our debts or creditors on IVA contract.
And to top it all off Aperture have no clue who we are!!

Where do we stand in regards to this PPI payout and how do we find out who has trustee of our case or is it just now a completely closed and done with case seeing as no one seems to own the case anymore?

Foggy

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Post by Foggy » Mon Sep 28, 2020 8:07 pm
To further complicate matters Aperture has morphed into Jarvis ! To my mind, if the IVA was formally completed by DFD it would not have been transferred to Aperture. But if tjhey ARE dealing with further PPI, then how have they instructed another claims company yet do not know who you are ??

I would ask this claims company for contact details of whoever instructed them. If they cannot prove that they are rightfully instructed to deal with this particular IVA then the refunds should be paid to you. If they do get any PPI refunds I would insist on a full accounting on how it has been distributed.

On the subject of case transfers from IP to IP, you do not need to be asked nor informed ahead of the fact.

Can you recall who your named supervisor was when you were with DFD ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

MrMole

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Post by MrMole » Mon Sep 28, 2020 10:29 pm
It's very unusual for completed IVAs to be transferred to a new IP. You can't really apply for a new 'former supervisor' and you would have had notice of that if it had happened as it would have been a court application.

It can only be the former supervisor who can decide what happens with this.

The fact that the ppi comes from a lender that wasn't a creditor in your IVA doesn't matter.

emmyjw7

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Post by emmyjw7 » Tue Sep 29, 2020 8:14 am
Mon Sep 28, 2020 8:07 pmFoggy wrote:

Can you recall who your named supervisor was when you were with DFD ?
Yeah we still have our final closure letter with his name on it, I've asked Aperture if he is employed by them and they've said no, I've no idea how to trace him as he is supposed to act as on going trustee in relation to the PPI clause.

I can't get through to the PPI claim company and they've not replied to any emails. We're in limbo, we know it's unlikely we get to keep the possible payout but we also don't want to hand it over to some company that we don't know and can't be sure they're acting on behalf of our IVA trustee and will distribute it accordingly.

I guess we just keep trying to track our trustee?

Foggy

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Post by Foggy » Tue Sep 29, 2020 8:20 am
Pop his, or her, name in here : https://www.gov.uk/find-an-insolvency-practitioner

If you can get hold of him or her, try to get a statement of no further interest from them.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

emmyjw7

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Post by emmyjw7 » Tue Sep 29, 2020 11:19 am
Our closure report and the person we most dealt with was Richard Savage (no results on the seach)
But on our original paperwork they listed two - John Fisher and Derek Oakley (also no results on the search)

Anyone had any dealings with any of these three, I've seen Richard Savage mentioned on other posts.

Foggy

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Post by Foggy » Tue Sep 29, 2020 1:17 pm
Right at the bottom of this page: http://www.ivadebthelpers.co.uk/about/ is this:

‘IVA Debt Helpers’ and www.ivadebthelpers.co.uk are trading styles of Citizens Debt Line Ltd. Registered in England and Wales, Registered Office: 1 Park Court, 42 Park Cross Street LS1 2QH. Richard Savage is licensed as an insolvency practitioner in the UK by the Institute of Chartered Accountants in England & Wales (ICAEW). Data Protection Register Number ZA475411. ........

Don't know if he is one and the same . Can't e many saddled with that moniker though:


Mr RICHARD HILTON SAVAGE
Company
Citizens Debt Line Limited
Address
1 Park Court, 42 Park Cross Street, Leeds, LS1 2QH
Telephone
0113 831 4675
Fax
IP Number
9576
Licensing Body
ICAEW
Email
richard.savage5555@yahoo.co.uk
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

WallE

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Post by WallE » Thu Oct 01, 2020 8:09 pm
The DFD transfer is unusual in that the new IP did acquire the cases in Trust, however these were ring fenced and exist as a separate entity to the "live" cases.

If your case closed with DFD in 2016 you should contact ivatrusts@aperture.uk.com. This address is still appropriate despite the recent takeover of Aperture by Jarvis - the IVA trust team still exists, at the moment.

John Fisher cases were transferred by court order to Richard Savage and Eleanor McKinnon in 2013/2014 and then on to Antoinette Thorpe in 2016 when Richard Savage left DFD, and then on to Elaine Masters at Aperture when DFD went under in 2017. But I digress! A clause in the court order for transfer of IP factored in the PPI clause I believe.

If you email the IVA Trusts address, they should still be able to locate your info. The general Aperture guys wouldn't have been able to locate a closed DFD case so it's not too surprising to me they couldn't locate it.

Is the CMC First Dispute Management by any chance?

MrMole

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Post by MrMole » Thu Oct 01, 2020 9:17 pm
Great answer! 👍
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