Debt Free Direct - used DLA in IVA bound to fail fron day1

[dx100uk]

have you gotten all the info from DFD yet?

 

 

dx

[Lucky7even]

No the Insolvency Practitioner's will probably request it.

 

I've had an email from DFD that they are sending me a variation report to send to my debtors so that should be interesting reading.

 

Should get it in the post next couple of days.

[dx100uk]

did we not get you to sar DFD?

 

 

dx

[Lucky7even]

Like I said no point.

 

I am waiting for the variation report to come through; they are fully aware I am intending on applying for a Debt Relief Order.

[dx100uk]

watch the evidence hit the shredder them

 

 

you've been advised numerous times to do so I see.

 

 

have you checked all the debts are enforceable before entering for the DRO?

 

 

dx

[Lucky7even]

All the debts are unsecured.

 

The credit card with halifax i took out in 2006, so there is a concern it might be an unenforceable debt.

 

The same goes with littlewoods catalogue; I took this out years and years ago so this debt would also be deemed unenforceable.

 

The loan and other credit card are far more recent as was done online so cannot get out of them but they are also unsecured.

[Lucky7even]

I had taken out an unsecured credit card back in 2006 with Halifax online.

 

The lender has failed to sign original agreement, only my signature appears.

 

There is a debt of around £3200 on there.

 

Also a Littlewoods catalogue taken out well before 2006, with a debt of between £300/£400.

 

Although these debts are in an IVA, can I dispute them!?

[SabreSheep]

Online applications I think are governed differently to the normal "Pre 2007 original required to enforce" arguments

[Lucky7even]

The catalogue was not done online, I was given a form to fill in by someone touting in the street.

[SabreSheep]

thats fine, but you said the halifax was done online

[dx100uk]

what are the other debts in the IVA

 

and who's it with please

 

typically they should only be for 5-7yrs

 

if its still running now

I'd start to question things.

 

are you SURE its a bona IVA

sadly there are numerous threads here where people have been duped

by these fee paying DMC's

 

go check you iva

you can easily check if she is on an IVA by going to https://www.insolvencydirect.bis.gov.uk/eiir/

 

 

dx

[Lucky7even]

Total overall debt is £11,161.

 

X2 credit cards, Halifax an Virgin Money.

 

Halifax loan done online without affordability checks etc etc.

 

Catalogue with between £300/400.

 

Both catalogue and Halifax credit card taken before 2007 so there is a question over unenforceability over these 2 debts.

 

Debt Free Direct are my IVA provider.

 

I cancelled in July 2014 because my payments had soared from £130 to £175 a month.

 

It turns out all I have been payin is their fees, and they have only sent across £151 to my creditors.

 

I am appalled.

[Lucky7even]

I've been in an IVA with Debt Free Direct from June 2012.

 

During the first year everything went fine under the annual review of income and expenditure.

 

This year however, was different.

 

They had grossly over exaggerated my income from the DWP.

 

I basically receive £888 in a basic calender month, yet they were claiming I had received £962.

 

They had used this to inflate my payments from an affordable £130 per month to an unaffordable £175 per month.

 

They had taken my DLA as income, and were expecting me to use this to pay off my debts instead of using it for health care costs for my disablities.

 

I decided end of July to cancel.

 

I telephoned National Debtline who assessed me for a DRO.

 

They were concerned at the fact that DFD were calculating my DLA as income.

 

I understand that I have paid into this IVA £2790 in 2 years, and that their fees will swallow up mostly what I have paid into.

 

They are only proposing to send across a measly £369 to my creditors which I find appalling.

 

I have reported the matter to the Insolvency Practitioners Association, they have said that they will agree to investigate the failure of my IVA, but have said that they cannot help to get back what I have paid in.

 

So my question is this; because I have concerns that the IVA was clearly mis sold to me because DFD had other debt solutions available but pressured me into the IVA, how do I claim all this money back?

 

I am upset that there has been no impact made on my debts and feel ripped off.

 

If I had known at the time about a DRO I could have been debt free well over a year ago.

 

Also, when applying for a DRO, how many bank statements do I need, I believe its 2 months!?

 

Thanks.

[fkofilee]

Well , would you look at that, another DFD victim. Sad to hear and sorry your IVA didnt work with them.

 

Depends how much debt you have for a DRO.

My advice print of 6 months statements just to be sure.

 

Complain to DFD, Then go to the FOS. Tell the FOS what happened and then after that if nothing is forthcoming, you can go to court relatively cheaply.

Can I ask, do you have enough to send a SAR? £10 to DFD?

 

I have my own words to describe them, but trust me, Id be banned for them.

[Lucky7even]

Well , would you look at that, another DFD victim. Sad to hear and sorry your IVA didnt work with them.

 

Depends how much debt you have for a DRO.

My advice print of 6 months statements just to be sure.

 

Complain to DFD, Then go to the FOS. Tell the FOS what happened and then after that if nothing is forthcoming, you can go to court relatively cheaply.

Can I ask, do you have enough to send a SAR? £10 to DFD?

 

I have my own words to describe them, but trust me, Id be banned for them.

 

Thank you for the reply.

 

I am considering taking them to the small claims court to recover the fees.

 

I can send them an sar in the new year.

 

My total overall debt at the start of the IVA is £11,161.

 

I can write to my creditors and ask them to freeze interest as a dro will be sought.

 

National Debtline have just told me they require 2 months worth of banks statements so I can be careful with expenditure between January/end of February which is when the certificate will come through.

 

I just feel so ripped off by them.

 

How do I put in a small claims against them for the fact that they failed the IVA on purpose of increasing my payments?

[fkofilee]

Go here

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Register and then you can start the claim. Read the forums about DFD, you may just be a little surprised.

[dx100uk]

I'd hold on running to court.

ge the sar done and go from there.

 

 

as for you debts

 

 

get a CCA request off to all of them

 

 

then plan from there

 

 

pers I would not be looking at a DRO or any other 'method' of payment until

the CCA requests are digested.

 

 

dx

[dx100uk]

three threads merged

 

 

please keep to one thread

on this DFD/IVA issue

[dx100uk]

6 times now you've been advised to get an SAR off to DFD since jan 2013

 

 

why have you continually failed to do it ?

 

 

dx

[Lucky7even]

All of the debts are now with debt collecting companies.

 

1. The insolvency Exchange.

2. Max Recovery.

 

I will send a CCA to each of them concerning the debts, and an SAR to DFD.

 

What am I looking to achieve in doing this please?

 

Thank you and sorry for being so confusing!! xx

[dx100uk]

scan it up and we'll help get your money back!

 

 

dx

[Lucky7even]

Littlewoods Catalogue I took out years and years ago, so I doubt there will be any agreement.

 

Halifax Loan and Credit Card although both taken out online.

 

Halifax loan was taken out in 2012, and the credit card in 2006.

 

Virgin Money credit card was again taken out online sometimes in 2012 (I think).

[dx100uk]

so the Halifax loan and the vermin money card might be an issue

and the two you need to focus on I'd guess.

 

 

how much are they.

 

 

an additional sar to each of them might be an idea

so MBNA and Halifax.?

 

 

the Halifax one will be useful for all their debts too

 

 

dx

[Lucky7even]

I am currently in the process of failing my IVA due to the IVA company making my payments deliberately unaffordable.

 

I am waiting for the failure certificate to come through and I have been part assessed by National Debtline that I qualify for a Debt Relief Order.

 

At the moment I owe £11,161.

 

3 of the debts are listed to the Insolvency Exchange, and another to Max Recovery.

 

The debts are all unsecured and consist of 2 credits cards, catalogue and a loan.

 

I had a variation meeting on 30th December with my IVA company, so as far as I am aware none of my debts have been sold on.

 

However on Friday, my telephone rang and I answered.

 

The caller failed to connect the call and the line was silent.

 

I did a 1471 and a number came up so I rang it back.

 

The number was from Rossendales Debt Collection company.

 

I checked their website and apparently they are mainly for council tax debt, or taxation, or parking fines.

 

As I have neither debt to my knowledge I fail to see why they would be ringing my number.

 

They have not rang back, so I am hoping it might be a wrong number dialled.

 

If they do get in touch how should I handle them because from what I can see online they are quite a nasty company to deal with.

 

By the way, I am registered disabled due to having health problems, and the fear of a debt collector banging on my door is worrying me!!

[dx100uk]

the rossers also have a DCa wing

devoid of their bailiff powers.

 

 

I hope you've sent everyone that claims you owe them money a CCA request.

 

 

please list your debts

and

go get your credit file too

and check they are all legit and show.

 

 

don't forget reclaiming PPI/PENALTY charges too.

 

 

pers I'd not rush into the DRO before these things are done and checked.

 

 

who's the fleecing DMC?

if they've done you over on the IVA

theres always the chance you can egt ALL you payments back

if they have mis -managed your IVA.

 

 

there are quite strict rules they must abide by

and there have been several examples here already of people

getting some or all their payments back.

 

 

dx