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Posted: Tue Nov 18, 2014 4:42 am
by Louisedw91
Good evening
I have been in an iva with debt free direct for 4 years. I owed 15000 but 11000 of my debt has not be claimed. I have already paid enough to pay the other creditors in full. Is there anything I can do to get out of my iva early? My terms and conditions state that creditors must come forward within four months of the start of the iva?
Also am I within my rights to say no to a home visit for My annual review.to I haven't had to do this before and it is not stated in my terms and conditions.
Thanks
Posted: Tue Nov 18, 2014 5:34 am
by luluj
Welcome to the forum. Home visits seem to be a new approach by DFD but am unsure of their benefit personally. Not sure you have the right to refuse. Personally if a home visit was to be done then at the outset would be far more beneficial .....
With regards to your first question ... i had creditors submit their claim right at the end ... you are still liable for the full debt plus IP fees and possible statutory interest so doubtful early finish would be agreeable.
Posted: Tue Nov 18, 2014 7:48 am
by Foggy
Hi. As Luluj mentions, some claims might come in right towards the end.
Although a home visit is not mentioned in your paperwork, there is an agreement to comply with reasonable requests and instructions from your IP. My understanding, and it would be great if DFD could explain,is that these visits are so the agent can authenticate documentation to save you having to send originals and risk getting them lost.
Posted: Tue Nov 18, 2014 9:20 am
by Louisedw91
Thank you for your replies. I am literally being harassed. I advised them I am away with work for two weeks and won't be here but I have had ten missed calls from them a day the last two working days. I feel like I'm being harassed. I'm happy to send photos of all the paperwork myself as I have done every year so far. I don't want someone coming into my home..
If I can prove myself that the debt doest exist then do you think that might change things?
Posted: Tue Nov 18, 2014 9:42 am
by mole
I too would refuse a home visit. There is no way they will terminate you agreement. Documentation can be sent out via recorded delivery to ensure no loses occcur. At least I would ensure they provide you a clear agenda of what was required and what was to be discussed. If they veered from this agenda I think you have a right to refuse to answer.
Posted: Tue Nov 18, 2014 10:05 am
by Louisedw91
If they won't let me send in the details my partner has said they can meet me in his office. I'm happy to do that if they will agree.
The main debt of 10000 is now ten years old abd I haven't had any contact with them since taking it out (I never made any payments). It was with alliance and Leicester who were taken over by Santander which is why I believe the debt can't be found. My partner has suggestrd writing to Santander and asking for all data they have on me to see if they still have a record. But am I right in saying after 6 years the debt in uninforcable?
Posted: Tue Nov 18, 2014 11:16 am
by Adam Davies
Hi
Yes the debt could be statute barred meaning the creditor can't take the court route to obtain a judgement
Regards
Posted: Tue Nov 18, 2014 11:19 am
by ilikewatch
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Andy Davie
Hi
Yes the debt could be statute barred meaning the creditor can't take the court route to obtain a judgement
Regards
If the debt is included in the IVA, wouldn't including it count as acknowledgement of the debt and mean it wasn't statute barred?
Posted: Tue Nov 18, 2014 11:23 am
by Louisedw91
But if DFD have never been able to claim the money because it hasn't been found then there has been no contact for thT debt. DFD said it was down to me to contact them to get information but I've tried and Santander have never had any record of it when I have inquired over the phone which is guess is because it is so old.
Posted: Tue Nov 18, 2014 12:57 pm
by Michael Peoples
If the debt has not been claimed then the creditor is excluded. If there is any doubt about A&L claiming within the IVA then a variation could be called allowing perhaps one last chance and a limited timescale for A&L to submit a claim. If they do not do so and you have paid enough for the other creditors and the fees and costs the IVA should be closed.
Go back to DFD and have a chat again with them.
Posted: Wed Nov 19, 2014 4:21 pm
by Evette Everest
Hi Louisedw91
Please drop me an email (address is in my profile), with all your contact details and I will get in touch to discuss your issue further.
Look forward to speaking to you soon.
Regards,
Posted: Wed Nov 19, 2014 9:42 pm
by hubert
Evette, I'm sorry to sound a trifle harsh and I don't mean any disrespect, but you only ever seem to take discussions offline and silence threads.
You profile says "expert" but I see no advice, just hush-hush messsages.
I sincerely do not intend this as a slight and I am genuinely trying to encourage you to participate and clarify your company's policies.
I realise you cannot discuss personal cases online and I wouldn't expect you to. But surely DFD's policies can be stated?
Home visits worry people. Do DFD do them? If so, why? When? Under what circumstances?
Again I ask you to participate and provide this helpful info. Thanks in advance.
Posted: Thu Nov 20, 2014 4:51 pm
by Credit-King
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by hubert
Evette, I'm sorry to sound a trifle harsh and I don't mean any disrespect, but you only ever seem to take discussions offline and silence threads.
You profile says "expert" but I see no advice, just hush-hush messsages.
I sincerely do not intend this as a slight and I am genuinely trying to encourage you to participate and clarify your company's policies.
I realise you cannot discuss personal cases online and I wouldn't expect you to. But surely DFD's policies can be stated?
Home visits worry people. Do DFD do them? If so, why? When? Under what circumstances?
Again I ask you to participate and provide this helpful info. Thanks in advance.
Why Hubey, what are you implying? [:o)]
Posted: Thu Nov 20, 2014 8:31 pm
by hubert
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>
Why Hubey, what are you implying? [:o)]
Nothing nothing [:D]
I think these are worrying times for many of us and I'd dearly love to see Evette telling us what DFD's policies are on home visits.
Please Evette?
Posted: Fri Nov 21, 2014 5:34 am
by luluj
Nothing wrong in huberts request.
A general explanation as to why DFD have gone to home visits would be good and in the long run may cut down the number of calls and emails they receive to ask why ?