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lucieloo
lucieloo Posts: 215 Forumite
Hi all not posterd for a while nut made my last payment on 24/12/2014 which was a amazing feeling and been enjoying having a bit extra to spend. DFD continued to harass me to sign their new agreement right up until the last payment. I declined and at one point a lady from DFD called me and explained if i did not sign the form it would have a considerable impact on my iva being able to be completed, to this i asked if i was being threatened! Now this is where i need help again. Yesterday i received a letter telling me that because i had refused to sign and agree the new terms and conditions they have no alternative but to hold a emergency variation meeting which £600 will be taken from my balance with my creditors to ask them how they wish for the arrangement to be concluded. I am worried sick again!! Im sick of this I have done my time and its making me ill. My question is do i need to worry?? They have proposed 2 options, the first option is my arrangement will be concluded subject to the appended terms which i do not understand what this means and option 2 is my arrangement will remain open until ppi investigations are complete. It then asks me to sign a deed of assignment which has a lot of things on there i do not understand so how can i sign it if i do not know what it means! Surely my original deed is adequate and as i have not agreed to their new terms and conditions i do not need to sign a new deed? I feel like they are trying to trick me, they did not leave me alone regarding the new terms. I had no equity available which meant that due to that i have paid 41p in the £ insted of the 60 p in the £ they anticipated. I hope someone out there has time to help me.

Comments

  • MUMZ2BEE
    MUMZ2BEE Posts: 381 Forumite
    edited 21 April 2015 at 11:44AM
    I feel sorry for you and your problems with Debt Free Direct.

    I had to cancel my IVA with them after 2 years because they wante more and more money off me.

    I asked them to cancel my IVA end of July 2014 because I told them there wa no more money and that I actually qualififed for a debt relief order.

    To date, they are refusing to close my IVA down, and I am seeking legal advice against them as a result.

    I wish I hadn't gone with them in the first place, they lied about my income and expenditure, and they have fiddle the amount of actual debt I am in which I have proof of.

    I would contact the Financial Ombudsman Service or Financial Conduct Authority and ask for their advice if I was you.
  • lucieloo
    lucieloo Posts: 215 Forumite
    Can anyone help with this?
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi lucie


    Obviously I don't know the full picture but at a guess, I'd assume that the stumbling block is the question of any payment protection insurance (PPI) you had on any credit agreements which were included in the IVA. DFD will want to reclaim any refunds you may be entitled to. The way IVA agreements are drawn up will usually mean that they can do this, but they may need you to sign this "deed of assignment" in order to proceed.


    So, if you haven't signed this, they may be unable to recoup these extra monies, and this may leave the IVA "in limbo" for now.


    If you're finding it difficult to understand the wording of these terms and conditions, I would recommend that you run them by a local advice agency or call one of the free debt advice charities for an interpretation.


    Please also note that if you wish to escalate a complaint about your Insolvency Practitioner, it would be through one of the following channels (rather than the Financial Ombudsman or Financial Conduct Authority):


    - To DFD's "authorising body" - which appears to be the ICAEW https://www.insolvencydirect.bis.gov.uk/FIP1/Home/AuthBodies#ICAEW?backtoPage=https://www.insolvencydirect.bis.gov.uk/FIP1/Home/Search


    or


    - Via the Complaints Gateway at gov.uk - full info on how to use it is at https://www.gov.uk/government/publications/insolvency-practitioners-guidance-for-those-who-want-to-complain/insolvency-practitioners-guidance-on-how-to-complain-about-an-insolvency-practitioner


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • lucieloo
    lucieloo Posts: 215 Forumite
    :j:j:j:j:j:j:j:j:j:j:j so the meeting went ahead and the creditors have agreed to close the iva :j:j:j:j:j:j They are sending a completion certificate :) i am thrilled, it has been a long 7.5 years but to say to you all its worth it in the end!! stick to your guns and it will pay off in the end. I am ecstatic and would like to thank all that have helped me through the years when i have felt all alone. I am now going to grab a bottle of wine and get a little drunk to celebrate!! thank u all :beer::beer::beer::beer::beer:
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi lucieloo


    Delighted to hear that things have panned out smoothly, well done.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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