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Hi Guys,

this is a little bit wooly on full details at the moment but I will give you the info on the basis of what I know at present and will get more "firmed" up info in due course.


A Friend took out an iva in 2007 for total advised debts of £17k

I advised him to look at a DMP but he went the way of the IVA in the belief it would be completed in 5 years. 


it "completed" and I use that term loosely in 2013 - 6 years in total ........

.they came to him after 5 years and advised a further 12 months payments would be required to finish his IVA obligations.

Now here comes the bits he can't understand.

 

Here are the main points:- 

1) He was advised he was paying 72p in the £ so he has repaid £12250 of the £17k debt and this was apparently INCLUSIVE of ALL the IP fees.

 

2) The company used was called Debt Free finance but they changed mid term to a company called Equity in Finance no advices given as to why by either company or the IP 

 

3) They approached him mid term to offer their services for recovery of any PPI on the premise that any such recoveries would aid the settlement of the IVA and could complete it early 

 

4) They ( Equity in Finance ) had directly recovered ( in addition to the £12250 of IVA payments made by my friend 2013 ) a further £26k of PPI payments 

 

5) In addition to this my friend had 3 further PPI claims he made directly himself AFTER 2013 when he checked for old paperwork, where a further approx £18k ( Net of Tax ) was recovered BUT paid directly to Equity in Finance by the companies involved

- This is despite noting on their paperwork that the IVA was closed

- CLEARLY PRINTED ON THE BANKS COMMUNICATIONS and more so a recorded phone call regarding the acceptance in regards RBS confirmed they were making the payment payable to my friend and to his home address and this was verbally confirmed twice !!

 

the IVA company ( in whatever guise they are now in ) have had payments totaling £12250 directly from the IVA plus somewhere in the region of £44k in PPI payments based on an initial debt of £17k !!

 

My friend has contacted them and all they say is that they are holding funds for distribution .....

this is despite the IVA completing in 2013, that said, they have NEVER, despite requests, forwarded the completion certificate 

 

My reckoning ( and please please correct me ) is that they should with-hold a minimum of £4750 of the ppi money being the shortfall between the £17k owed and the £12250 paid under the iva but realise that the £12250 ( as noted earlier ) was apparently inclusive of the IP fees, so clarity is needed on exactly what the IP fees ACTUALLY were ??

 

lets assume the fees for the IVA were £3k ?? ( a totally assumed round figure as I have no idea of what standard IVA / IP fees are )

the revised amount paid back to the creditors would have only been £9250 and means a balance of £7750 of the starting debt of £17k should have been offset from any PPI recoveries. 

 

As the IVA company handled the PPI recovery of £26k and assuming a PPI handling fee of 30% was applied ( worst case scenario) then the AVAILABLE funds for distribution should have been circa £18200.

 

If they distributed the outstanding £7750 for the balance of the IVA debt from this, then this should leave approx £10450 payable back to my friend PLUS the claims he made himself totalling £18k net of tax should now ALSO be paid directly to him from the funds the banks have sent direct to the IVA company.

 

On those assumptions

I believe my friend should be in receipt of £28450 of PPI repayments after the full IVA debt of £17k plus an assumed £3k of IVA fees based on the following :-

Initial Debt £17k + £3k IVA fees = £20k due 
Total PPI recovery via IVA less 30% recovery fees = £ 36200 
Total paid by directly by client during IVA term + 1 year = £12250 
Balance remaining and therefore due direct to client = £28450.00


The questions I have no idea about is .....

.he doesn't think he has all the paperwork from the initial commencement is 2007

can he apply (and are the IVA bound) for an SAR to supply all paperwork so he can validate the above assumed figures

( these are from his recollections but he thinks they are in the close ballpark )

 

Are the IVA company entitled to retain any monies over and above the cost of the initial debt on which the IVA was based and the subsequent and clearly outlined fees for handling the IVA.

 

It initially appears to me that this company are milking my friend dry and if he is entitled to this money I will do my damnedest to ensure he gets it. 


Having been a member of this forum for some time ( NRAM mortgage prisoner ) I have read horror stories of unscrupulous IVA companies getting away with murder and facing no issues of recrimination and the claimants losing out on too many occasions.


I hope I have provided as much advice of what I understand the situation to be but if additional info is required please ask and I will endeavor to obtain this from him where possible.


He is not exactly a vulnerable adult but his reasoning and grasp of the situation at hand has, I believe, led him to be taken advantage of by these companies and I want to ensure that this stops now and he is treat in a fair and reasonable manner by all the companies involved.


Thanks in advance

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Posted (edited)

SAR time, it's now free under GDPR.

 

When did he make the last payment? 

 

And are any of these still showing on his credit file?

Edited by London1971

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Equity in Finance is a PPI claims company so no recovery fees.

 

https://forums.moneysavingexpert.com/showthread.php?t=5181028

 

As for the Initial IVA Company...are you sure they were called Debt Free Finance ?......not Debt Free Direct ?

 

https://www.debtfreedirect.co.uk/

 

Andy


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done over like a kipper by the sounds of it

IVA's are never a good idea.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Last payment he tells me was Sept 2013 ....don't know about his credit file. He is calling today so I will (with his consent) check his credit file via the free checks with him 

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So just to be clear , they are asking him to pony up another 12 months of payment? it's going to be statute barred in a few months, he shouldn't pay them anything.  The SAR will tell you everything though.  I bet everything has long since disappeared from his credit file too

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Hi London 1971,

he paid the iva from 2007 till 2012 but then they extended it by a further 12 months and the last payment made was in 2013 …

.but since then he has had NO certificate of completion and every penny of PPI recovery has been paid directly to equity in finance as they purport to have taken over from debt free direct on administering any monies recovered from ppi claims including those claims they have not had any involvement in.

 

Something stinks and I want to try and help him sort it out but he is not good at keeping records and he's quite erratic with his recollections ( he thinks debt free became equity in finance via some takeover which he said he had a letter but he can't find anything )

 

I am chasing quite a few shadows and although he can get a SAR I am concerned about the validity of what they will send out may well be doctored to suit .....

 

..this is gonna be a long road I fear that a lot of time is gonna be consumed but I truly hate the thought of someone being ripped off on the basis that the 3rd party agents have exposed an ignorance and exploited it 

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3 hours ago, Andyorch said:

Equity in Finance is a PPI claims company so no recovery fees.

 

https://forums.moneysavingexpert.com/showthread.php?t=5181028

 

As for the Initial IVA Company...are you sure they were called Debt Free Finance ?......not Debt Free Direct ?

 

https://www.debtfreedirect.co.uk/

 

Andy

 

Well I would start by finding out the exact name of the IVA company........no trace of any company called Debt Free Finance.....liquidated or taken over or whatever.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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DFD were a terrible company many many threads here on them

i think they were struck off or something one time.

if memory serves me correct i think theres one thread whereby the whole thing was rolled back and the OP got everything back he'd ever paid them?

 

cant search i'll look later.

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi all, apologies for the late degree of replies, I was using a mobile earlier and could not navigate the page very well.

I have been trying to reply to each individual reply but cannot see where I can do that and I used "quote" which I am informed is incorrect (apologies if this has somewhat cocked things up)

 

Anyway I have established a little more info , as per Andy's enquiry, James ( my friend and the client in this instance) has confirmed it was Debt Free Direct who had set up the original IVA but they went into administration and were sold onto a company called Apperture, This is the company that Equity in Finance are supposedly holding any PPI recoveries for.

 

It transpires that Equity In Finance were "promoted" by Debt Free Direct as being able to recover PPI costs for James on the premise that HE would be receiving any recoveries less their fee for handling the claims, there was absolutely NO transparency that they would be with-holding all funds received for any and ALL ppi claims whether involved or not.

 

James is calling to see me tomorrow and we are going to check his credit file and also send off SAR's to ALL parties involved in the debacle. This will include, Apperture, Equity in Finance, The IP who handled the IVA and each of the banks/ loan companies & credit card companies he has personally claimed PPI from and also the ones that Equity in Finance have handled directly.

 

As I say there is definitely a rabbit off somewhere - Equity in Finance have taken / been sent every penny of the PPI recoveries including the ones that they have had no involvement in and the most recent being just in the last 4 weeks, despite the IVA being advised as closed in 2013 !!

 

even on the initial debt of £17000 plus fees ( currently shown on debt free direct website @ circa £3500 - yes they are apparently trading again !! ) the payments made under the IVA and the recoveries under PPI  have totalled been more than £40k so James is owed a hell of a lot of money which I can see no way that these companies are legally with-holding from him.

 

Lets see what the SARS bring in and then we will have a more defined basis of EXACTLY what we are looking at 

 

Thanks guys for the initial advices - I will keep you all up to date on developments but any advices in the interim would be greatly accepted 

 

Just a few links for reference :- 

https://www.credit-connect.co.uk/commercial-news/corporate-insolvency/debt-free-direct-sold-aperture/

 

Debt free directs current ?? website https://www.debtfreedirect.co.uk/

 

Debt free direct confirmation of average fees and how paid   https://www.debtfreedirect.co.uk/fees

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until i can see my past notes can I suggest that you go ring the FOS/FCA [whomever oversees these useless IVA providers]  and atleast get their view on registering some kind of fprmal complaint about the IVA and the way it was managed/PPI [reclaims grabbing]

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi dx100uk, thanks for the advices. Is it feasible contacting the FOS/FCA at this point as I do not have the full facts from James yet ? As I say, everything I have at the moment is more ball park assumptive rather than definitive and I do not want to give unwitting inaccurate information, especially to the FOS in case this in any way prejudices his position.....it  also it throws up a point of whether I am actually able to speak to FOS/FCA as an advocate for James ?  

 

Perhaps until I have all of James' info from each of the parties involved via the SARS would it not be best to hold back for the moment ?

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