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www.iva.co.uk • help and legal help needed ref dfd and ppi - IVA Forum Free advice
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Posted: Thu Feb 14, 2013 7:56 am
by philipsmith
need help and legal help.
i made a full and final payment on my iva with debt free direct in feb 2012! still no completion ,two months after making full and final payment and 4 months after meeting of creditors who agreed to accept offer of lump sum as final payment, received letter from debt free direct appointing equity in finance to look at ppi claims also having one of the highest commission rates!!.that letter ends “SO THEREFORE WE REQUIRE YOU TO SIGNâ€￾ and return all neccessary forms to equity in finance also stating any monies claimed will go into iva. at time thought would be in breach of iva.but few months went on put letter of complaint into dfd they said letter was sent in error and money to come to me.put that complaint into dfd after finding out as i made full and final payment money is to come to me not them!!! surely that letter is illegal? i managed to alter egg payment myself to be paid to me as i sent them copy of my letter and receipt of my payment as full and final payment. fos said as i made a full and final payment on my iva then money is to come to me but if still making payments iva still ongoing then money to go to iva im sure dfd are breaking the law?total misconduct? 12 months on still not received final certificate.also eif just sent me invoice for egg claim nearly six months after receiving cheque.im not happy sooo stressed over situation need help
also feel that dfd are conning people who supposedly they trying to help.tried contacting fos again but dont seem interested. im am getting so stressed.and alot of sleepless nights!

Posted: Thu Feb 14, 2013 7:59 am
by philipsmith
also forgot to mention i am very concerned about the amount of bad reports im reading about dfd and ppi!!

Posted: Thu Feb 14, 2013 8:40 am
by plasticdaft
These claims existed at the time of the iva. As you have not received your completion certificate you may still be bound by its terms. Tread carefully as the ppi monies should probably have gone into the iva pot.

Paul

Posted: Thu Feb 14, 2013 9:42 am
by plasticdaft
These claims existed at the time of the iva. As you have not received your completion certificate you may still be bound by its terms. Tread carefully as the ppi monies should probably have gone into the iva pot.

Paul

Posted: Thu Feb 14, 2013 9:48 am
by MerlinL14
Has someone actually got to legally challenge the word "FINAL"? The creditors accepted the offer at the time and there is no mention of a "however if you get some more money we want it" clause!
Write to EIF and tell them to do one, they have no legal obligation to the ex creditors or to your compliance with their pitiful letters.

Posted: Thu Feb 14, 2013 9:55 am
by orchid5
Hi Philip, have you go the paperwork relating to your claim with Egg and if so i would challange EIF and ask them to send you their paperwork involved with the Egg claim to prove that they did do the work, that might do the trick as it did me when i claimed back on a loan they knew nothing about and DFD had the cheek to ask them to invoice for their fees, that soon got stopped despite them challanging me, i challanged them as well by doing the above and told them i'd been given very sound advice regarding this claim from a police officer friend of mine.

Good luck i hope you can get this sorted once and for all.

Posted: Thu Feb 14, 2013 7:50 pm
by philipsmith
what im saying is they appointed equity in finance 4 months after the meeting of creditors was held who agreed to accept the lump sum offer as full and final payment and two months after i made that payment.i have it in writing from debt free direct that the money is to come to me also letter appointing eif was sent in error,also a representive from financial ombudsman service said as i have made full final payment money to come to me despite not having closure certificate.these claims were made after the final payment.what im not happy in is the way dfd appointed eif,especially now admitting letter was sent in error.but also stated in that letter "therefore we require you to sign" surely thats illegal?requiring me to sign when there was no need?

Posted: Thu Feb 14, 2013 8:49 pm
by orchid5
I'm not a legal eagle but if you have it in writing then surely that must stand, hopefully one of the experts can shed some light on this, interesting to note that the FOS has also agreed that the monies should come to you. I hope you manage to get this sorted, don't be bullied and good luck.

Posted: Thu Feb 14, 2013 8:54 pm
by orchid5
Philip you might get an answer by posting this on the all questions forum rather than this one.

Posted: Thu Feb 14, 2013 8:58 pm
by 12 months to go
perhaps orchid5 you could ask the question for philip via your variation on Monday !!

good luck orchid5 by the way, let us all know the outcome and timescale given for your certificate

Posted: Fri Feb 15, 2013 10:12 am
by IVA Victim12345
Philip, That's very interesting that the FOS agreed that the money should come to you. Do you have that in writing? It could help all of us enourmously who are still waiting for CCS yet have not had the PPI psoition verified.

Posted: Fri Feb 15, 2013 5:12 pm
by sponge
yes that would be a turning point if the FOS can set a president in returning PPI to the claimant...what a game changer Philipsmith please keep us posted!

Posted: Fri Feb 15, 2013 7:18 pm
by philipsmith
well fos said as i offered a lump sum as a full and final payment and these ppi claims were made after that and after i made final payment.but it different matter if iva ongoing or the ppi claims were put in before meeting of creditors was held.but one thing i did get whe i rang dfd and made final payment i made sure i had i receipt in writing of amount received as full and final payment on my account!!
i know its a minefield.
but what im trying to find out is was it illegal how dfd appointed equity in finance to do these claims as the letter they sent appointing them came 1 month after made final payment (naerly 4 months after meeting of creditors)
also that letter does say reccommend you pursue but ends "we require you to sign" then listing all the documents.
unfortunately i did as i thought would be in breach of iva.but since that put complaint into dfd they admit that letter was sent in error!!but now i have received invoice from eif nearly 6 months after receiving cheque from a successful claim which i had to finish sorting myself.
sod it im going to ring a solicitor monday.i have had enough worry.

Posted: Fri Feb 15, 2013 7:28 pm
by Foggy
I must agree in that a full and final should be just that ... full and FINAL. Surely on that note the contract is deemed fulfilled and that is the end of it !!

Posted: Fri Feb 15, 2013 9:09 pm
by philipsmith
going back how many people have lost money in ppi claims to dfd or other iva providers when there was no need? i would have been non the wiser if hadnt contacted fos and other bodies?they seem to be conning people who they are suppose to be helping.does anyone know if equity in finance a subsidary of dfd?why are dfd still trading with there poor advice and appears to be very poor service?