Is this right what FOB say??

Sunnyhigh_2

Hi everyone

Wondered if anyone can shed some light on this for me please?

We had a phone call today from the Financial ombudsman as we have took a claim further with Barclaycard and didn't agree with their reasons for not upholding the complaint, anyway to cut a long story short we used to be in an IVA but completed this and got the certificate in February 2011. Barclaycard was within the agreement but it was cleared when the IVA completed.

Anyway the phone call from Financial Ombudsman was to clarify a few points but to tell us we need to get permission from the company (debt free direct), for them to go ahead with the complaint!!

Is this correct. The IVA was finalised and completed nearly 2 years ago, why would they need permission.

Thanks for any advice

Mandy

dunstonh

Is this correct. The IVA was finalised and completed nearly 2 years ago, why would they need permission.

Because the lender can use any redress to go against any debt that was not repaid as part of the settlement and written off. So, if they are going to do that, then there is no point the FOS getting involved as you are not going to see the money and be no different to your current position.

Sunnyhigh_2

Thanks, I understand about the redress etc and am fully aware but just didn't understand why they would need to get permission.

Thanks again :j

[Deleted User]

Sunnyhigh wrote: »

Is this right what FOB say??

FOB? As in FOB off? Freudian slip, I believe!:D

Sunnyhigh wrote: »

didn't understand why they would need to get permission.

FOS need the permission of the owner of the debt in order to proceed. In this case, it's Debt Free Direct.
I don't understand why you've taken the rejection to the Ombudsman, to be honest. Your completed IVA left you clear of debt and so there is little point in having any redress going to pay monies that were written off. You stand to gain nothing (and will wait for a year or more for confirmation)

Sunnyhigh_2

Moneyineptitude wrote: »

FOB? As in FOB off? Freudian slip, I believe!:D

Whoops, my bag:rotfl:

FOS need the permission of the owner of the debt in order to proceed. In this case, it's Debt Free Direct.

It's Barclaycard that own the debt, DFD where the insolvency company we went with to arrange the IVA, so very confused now.

I don't understand why you've taken the rejection to the Ombudsman, to be honest. Your completed IVA left you clear of debt and so there is little point in having any redress going to pay monies that were written off. You stand to gain nothing (and will wait for a year or more for confirmation)

Sorry but I may have confused things, we went to the FOS as Barclaycard did not uphold our PPI claim against them which was mis sold, so hence taking it further, nothing to do with IVA, so hope it clears things up why we are wondering why they want us to get permission

Thanks

[Deleted User]

Sunnyhigh wrote: »

we went to the FOS as Barclaycard did not uphold our PPI claim against them which was mis sold, so hence taking it further, nothing to do with IVA,

We're not confused here, but I believe you are.
If you have loans or credit cards which were settled as part of your IVA by having outstanding amounts written off, then these unpaid monies would be likely clawed back by off setting if your PPI complaint had been successful.
As your complaint was not successful, you receive nothing. But if your complaint had been successful you'd still have received nothing.
If FOS uphold your complaint the money will go to off set your unpaid debt so you will receive ...nothing.
I hope that clears your confusion.