Hi I started my IVA with DFD and it went to court 28/05/08 and I paid my payments on time. Five years later I Live chatted them to ask if the payment I made was the last one and what should I do now. The person said you cancel your standing order, as the five years was up and they had checked my details. Fourteen months down the line, my Iva isn't completed and after numerous phone calls to DFD finally spoke to a gentleman who apologised that this hadn't been sorted and said its been open a very long time, excuse of it being the creditors fault that it hasn't closed I explained they had a meeting to close it and I got letter to say carry on making my payments in May (I don't make any payments since a year before??) He said that my IP was having a meeting with big bosses to get creditors who were being difficult ejected out of IVA and that I would get a phone call from him when this had been done. There's never been a phone call. Then to top it off I get a letter today (when there lines are open for existing customers to call) saying that my IVA is now failing. This is what the letters says:
To Daniel
I, Richard Savage the Supervisor of the individual voluntary arrangement ("the Arrangement) of Daniel approved by the creditors at a creditors' meeting held on 28 May 2008 DO HEARBY GIVE NOTICE of a breach in the terms of the voluntary arrangement as follows:
The debts and liabilities exceed the estimated figure disclosed by daniel and the scheduled in the prospal. so as to result in a reduction of the esitmated dividend outcome by more than 5p in the £;
You must no later than one month from the date of issue of this notice:
(i) rememdy the breach (if it is capable of being remedied,) and
In the event that you're able to
(a) remedy the breach of the arrangement and/or
(b) Proivde a full explanation of the breach
A failure to address the breaches within the specified time and period will result in the conclusion of the voluntary arrangement in accordance with clause 64 (3) of the standard conditions.
They also put at the top f the letter that they've unsuccessful tried to contact me via telephone but I live with my parents who haven't received a single phone call from DFD. I don't understand what I've done wrong, I've paid my payments for five years, is it because I've complained to them and now they treating me like the bad guy. I suffer from PTSD and this is tipping me over the edge. Please can anyone help me?
Evette has been very helpful with a number of queries and I am sure it will be better to deal with one point of contact who can look into this for you.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
This does not sound correct. The IVA should have been varied to accommodate increased creditor claims, and to serve someone with a Notice of Breach for such occurance makes me very surprised. Of course, they may be circumstances which have led to the Supervisor deciding on his actions, and therefore I urge you to contact him directly so that this can be properly explained to you.
Either way, this issue should have been resolved at a much earlier stage.
Thanks Foggy I've emailed Evette. Melanie when I phoned them three week ago, the gentleman apologised and said it should have been closed along time ago but the creditors were stopping, he told me that MY IP was happening a meeting with the Bosses to eject the Creditors who were upholding and that I had done my five years and there was nothing for me to do. what did worry me was when I said I should have gone bankrupt back then, he agreed that it would have been better. I can't understand how one minute there waiting to eject the creditors and then next minute I'm failing, how can you fail an IVA when your payments have stop over 14 months ago and all creditors apart from one have been satisfied and closed the accounts, I regular check on noddle to see who still says I'm defaulting with. really do hope there's a light at the end, my PTSD has been through the roof this weekend
I doubt that your IP would be happy to know one of their staff is saying that you probably chose the wrong solution - especially if they are licenced by the FCA!
If this IVA gets failed for the reasons you have stated, I will eat my insolvency licence - however taking tongue out of cheek you need to sort this out as receiving letters like this must be very stressful.
Just spoken to Debt Free Direct and can I be the first to say I'm not happy in the slightest. First I speak to a gentleman who tells me he can't deal with my case even though I phoned the number requested. Put me on hold for twenty minutes in transferring me to a Woman, who knew nothing about my case and had to go through it all again. It turns out that my creditors a year after the IVA was supposed to be closed are now saying that they have more debt than original given. I have argued my point that this should have been done this time last year to close it down but I was informed that was incorrect and it need this time because it takes along time to get all the PPI and final debt figure to do all the divends. Explained that this is causing me much strain and having issues with my health due to unnecessary stress onto my PTSD. So now I have to do another expenditures list to take this back to the creditors and then another meeting to see if they agree and then it may be that I'll have to another year paying. Is this right because I'm tired, stressed and not sure if Debt Free Direct are even interested in my case, they just want to get the IVA closed or profit on PPI which was supposed to be used to clear any creditor who were stalling and BTW when I mentioned what the previous gentleman had said the lady said she would given her opinion on that matter and didn't really apologise for any of the stress they given me. Sorry for the rant just need some advice.
Creditor claims need to be received and agreed in the first year of the IVA, and not when it should have been long concluded.
Ask your IP to send you copies of all the correspondence they have issued and received from creditors so that you can see for yourself why this has not happened correctly. It would be very unusual to find increased creditor claims coming out of the woodwork when an IVA is so old to be perfectly frank.
Thank you Melanie, I did say it should have been done this time a year ago but she said a flat out no that these things take time and that I have to be patient and said many jargon terms to which not being legally trained didn't really understand. I did say I'll make a formal complaint if it's not sorted soon which she replied that's fine but this has to be done to ensure the creditors are happy. I've had too IP with debt free direct and have never actually had any direct contact with them. How do I contact him? BTW thank you for your help it's nice to know I'm not the only person thinking this doesn't sound right.
Hi everyone. Well I sent my email to the attention of my IP to say I'm not happy and would like copies of received and sent correspondence from my IP and creditors and also to make a formal complaint, SAR request. Now before I've sent four emails including the one to Evette and no has ever come back to me, even though they say they contact with in five Working Days but no reply. So last Night around ten I composed my email and sent it and this morning I got this reply.
Dear Daniel,
Further to your email, I have referred this to our Complaint’s Officers to investigate and respond to the concerns you have raised, you will receive acknowledgment of this within the next 5 working days and I have attached a copy of our Complaints Procedure for your reference.
In regards to your Subject Data Access we firstly require a £10 fee this can be paid via cheque, bank transfer or card payment, once we have received the fee we then have 40 days to collate and send the information you have requested.
If you wish to discuss this further please do not hesitate to contact me.
Kind Regards,
Ashley
Finally it looks like there maybe some progress going to do the SAR's request as then I'll be able to prove the amount of times they've said there completing my IVA over the past fourteen months. Thanks again to Foggy and Melanie for your wisdom, so appreciated and feel a little better today than I have for the past fourteen months.
