Still not heard from DFD

spenderblender

I have now missed two payments to Debt Free Direct. One in Jan when I told them I could no longer afford the payments and they wanted a new income and outgoings review which I demanded to know where the hell they got it from that hubby was bringing in a damn site more than he was, and, one now on 15 Feb.
I have heard diddly squat and feel like we are in limbo. I have paperwork and fees ready to go BR, have set up the Co-op cashminder account and postoffice account for benefits ( can I still keep this open do you think?) and am ready to phone courts for the great appointment with the under god.
Hubby says to do nothing and sit it out and wait to see if they make us bankrupt and if not we are ready when they do move but, I feel like I don't know whether I coming or going. I make sure everywhere is locked up tight, I shout at the kids for going to open the door when someone knocks, I feel like I am being watched.
Court couldnt tell me whether I needed the failure certificates and don't really want to phone DFD as they are pretty condescending when you talk to them and I get all upset after.
Just wish I knew the next step to take.

Edit: I know sostupid was with dfd and she has just gone br. I have pmd her for her input so hopefully she will get back to me.

dalip

I would give it a bit longer. They are prob snowed under with others in your exact same position.Dx

PS would not be suprised to see them bc soon.

fiveyearplan

Sounds like you've got everything ready. Good luck I hope you hear from DFD soon.

Lensman_2

spenderblender wrote: »

I make sure everywhere is locked up tight, I shout at the kids for going to open the door when someone knocks, I feel like I am being watched.

Court couldnt tell me whether I needed the failure certificates and don't really want to phone DFD as they are pretty condescending when you talk to them and I get all upset after.
Just wish I knew the next step to take.

Are DFD in possession of full bailiff powers? If you have not defaulted on a CCJ and DFD have normal rights of a DCA you should stop beating yourself up on this. Can someone clarify on this?

I've just had a look but can't find a recent post from someone going BR who were with DFD. IIRC the advice given was that they would need some evidence that their IVA was in default.

Hold on, found it.
http://forums.moneysavingexpert.com/showthread.html?t=1440007&highlight=DFD

dubiousone

Hi Splender. I am in the same boat as you. I'm with DFD, I've missed two payments and am intending going BR myself next week, I don't need certificate for my CC. I rang DFD after I missed first payment to discuss the amount and they said they couldn't do anything about it and to learn to cope!

They then rang me at work and I said it wasn't a good time to talk and ring back tomorrow, I assume they did but I missed the call. Not heard anything since. However, I wouldn't expect anything from them anytime soon. I don't know what your contract says obviously but mine says along the lines of "If debtor misses two or more payments then DFD will (a) petition for BR or (b) take no action. This I think is a get out clause for them. I've only paid about £3,000 into the IVA so it's unlikely they're are going to pay for mine and OH BR fees. I take it you haven't got the fees yourself and are hoping DFD will pay?

Regards.

SOSTUPID

Debt free direct do not petition for your bankruptcy, They sent me one letter to say my IVA was failing and I never heard anything after that from them. I had to file for my own bankruptcy, when I told them I was going to do this all they said was "well if thats what you want to do"!!!! (don't ask to speak to a manager they are always all too buzy!!!) I did ask for a letter to say that they were aware that I was going bankrupt and that they would not dispute it, which they sent to me about a week later. They will not provide any assistance with you declaring yourself bankrupt and they will not pay your fees. As in my case all the money I paid to them will not go towards my debitors as they take their fee first and then distribute the rest amongst the debitors. I go bankrupt in two weeks time on 12th march 2009 so I will let everyone know what happens so you can be prepared for it yourselves when its your turn :eek:

spenderblender

Thankyou all for your replies.
Dalip why do you say about them going BC? I don't think it would make much difference though if they did.

Lensman dont think they have full bailiff powers just states that they can either fail the IVA or file for br. Guess I would just get all paperwork back and they would inform all creditors. I read through that post you linked to and I phoned my court who weren't sure if I needed a certificate or not. Helpful!!!

Dubiousone We have the fees as we sold OH shares to get it. I sort ofhad a feeling they wouldn't pay for us to go BR so we are ready.

What happens to the money paid to them, in my case £3300, as the OR wants to know who you have paid money to over the last two years surely they would ask for this back as DFD have favoured no-one but themselves and it should all go back to the or to dish out.

Guess I will either have to sit it out, I am not being bothered or called by anyone or just jump in and bite the bullet so to speak.

dalip

Hi I said that a little "tongue in cheek":D . When DFD first came on the scene,we were bombarded by radio and tv advertising,offering us the "get out of debt in 5 year" promise. Many,and i include myself in that,jumped at the chance,of an offer too good to miss. Only to find out that many of us were either being wrongly sold IVA's or IVA's we could not realistically manage. As more and more of their IVA's fail, they loose that business. Thats what they are in it for, money. So thats why i said i would not be suprised if they did not go bc. Lets face it if the likes of woolworths,adams,MFI ect who have been around for years and years are going to the wall what chance has a rip off company like DFD got. Dx

Just my opinion by the way.

spenderblender

Dalip you are so right. I believe these type of people are no better than loan sharks and those that buy your house and then you can keep renting it off them. It invariably goes horribly wrong in the end.
The only reason I went with DFD because they were a beacon of light in a very dark tunnel at the time. It has taken us a year to realise that BR would have been better but, as I have said previously I worried for the kids and what people would say.

dalip

Yep same here.I almost went with DFD too:o for those very same reasons . Think how many others have too:eek: .They promised me a lot,very convincing they were too:rolleyes: . Then i got "independant";) advice, which said i had no alternative but to go bc.Dx

jenni75

Hi Spenderblender,

I know everyones case is different, but in our experience, we did not need a certificate of failure. The 14 months of payments @ £620 per month totalling £8680 were listed in the letter we received 2 months after bankruptcy enclosed with the certificate of failure. Over £8000 was fees to the IVA company. The balance was paid to those creditors that proved the debt. We had one very nasty creditor who we had absolute proof we did not owe from the start (a business francise) who funnily enough refused to put in a claim with the IVA, so went without any payment.

I know that if I had the money and was in the same situation again (which don't worry I wont be) I would petition for our own br's once prepared because the waiting is just so unbelievable stressful.
By the way when I phoned our court they didnt know whether I needed a certificate so I rang the insolvency service office next door who told me no its not required, so may be worth giving them a tinkle.
Jen
Just to add a grand total of £38 was available for distribution to creditors!