In 2011 I completed my IVA early with DFD, who now seem to be changing the rules.

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flickerbyrne

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Post by flickerbyrne » Tue Jan 19, 2016 9:31 am
Hi

I'm looking for some advice, I completed IVA in 2011 having repayed early with DFD, in 2013 I emailed DFD as my bank stated it owed us ppi, I contacted DFD received an e mail stating that we could pursue any money owed to us, in October my husband was contacted by his bank to say that they have sent a cheque to DFD for £700, we have contacted DFD who now say that they are keeping the money, I advised about the previous e mail and they have said new rules now apply and they are able to keep and give our creditors a bigger claim, we have had no correspondence from DFD, in fact it was us that contacted them, and the money is sat in a trust fund and not going anywhere due to a back log, is this even legal, there response today is that it was Barclays ( whom the refund came from ) who were responsible for letting us know and that the money had been paid to DFD, are DFD allowed to change the rules when our case was closed 5 years ago?
 
 

kallis3

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Post by kallis3 » Tue Jan 19, 2016 8:34 pm
Hi,

Sorry this has been missed.

Not sure whether or not they are allowed to do this now but hopefully now this has been bumped up, someone will be able to help.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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Lisa Thomas

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Post by Lisa Thomas » Wed Jan 20, 2016 9:35 am
I think this post (or a very similar one) has already been answered.

If DFD gave you permission to keep the PPI then I can't see how they can retrospectively change thier minds on this and it sounds like a complaint could be in order. In any event case law at the moment says that PPI refunds received after a CC has been issued belong to the debtor.

This is going through the court of appeal and the case is due to be head again this summer (wright v Greene)
I would challenge this and ask them on what basis they can change this.

Perhaps Laura from DFD will be along shortly on the forum to advise.
Last edited by Lisa Thomas on Wed Jan 20, 2016 9:37 am, edited 1 time in total.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Laura.Harrop

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Post by Laura.Harrop » Mon Jan 25, 2016 4:36 pm
Dear flickerbyrne

This is definitely something we need to look into for you. Please contact me directly via the email address in my profile with your contact details so that we can address this for you.

Many Thanks
DFD Forum Expert
Debt Free Direct
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