Debt Free Direct - used DLA in IVA bound to fail fron day1

[fkofilee]

Stop!!! Get rid of the Fee paying DMP. Go Payplan or Stepchange.

If you have a complaint. Log it with them and then refer to FOS after final response or 8 weeks. Which ever comes first

[dx100uk]

get an sar off to them pronto

 

 

then get a complaint running

 

 

pers I'd forget the issues regarding PPI etc

 

 

the main issue is they have mis appropriated your money

 

 

DLA cannot be used to pay debts

and they know it.

 

 

pers I'd be demanding all the money paid back from them.

 

 

dx

[Lucky7even]

Right so what can I do to get all my money back?

 

DFD are refusing point blank my concerns about my DLA being used to pay off my debts!!

 

Is it worth going to the Insolvency Practitioners to make a complaint through them?

[dx100uk]

sar first get all the info before it hits the shredder

 

 

dx

[Lucky7even]

The rotters wont close the IVA down until they know no PPI is there!!

Edited November 12, 2014 by citizenB

[dx100uk]

no because they take a good slice of every £ they get back in PPI.

 

it supposed to go off you IVA

 

we've heard numerous times that creditors in an IVA

never see any PPI reclaims done by people

punters have an IVA or DRO or BK with.

 

simple way is to stop payin them

 

the iva will fail

 

then go get you payments back.

 

might be an idea to give the FOS a ring.

 

 

dx

[citizenB]

Do you own your own property ?

 

Did you qualify for a Debt Relief Order at the time this company entered you into and IVA ?

 

When you have DLA it is awarded specifically to help with the extra costs your disability causes. So, you enter it on the IN column identifying it is DLA then you put it immediately into the OUT column as expenses toward your disability.

 

I would suggest you make contact with National Debtline and you explain the situation to them. I don't think they do DROs themselves, but would direct you to one of the other Charity DMPs.

 

If you absolutely know there is no PPI on the debts then I would say you are being harassed by the PPI claim company and as such you could make an official complaint, escalating that to the Financial Ombudsman if they don't cease.

[Lucky7even]

I dont owe any property or assets, and yes at the time of the IVA started unbeknown to me I qualified for a Debt Relief Order as I had a lengthy discussion with National Debtline end of July.

 

National Debtline told me I cant get a DRO unless DFD send me the failure certificate which I have been told can now take OVER 6 months.

 

I have as of 5 minutes ago sent an upsetting very lengthy email to the complaints people at Insolvency Practitioners asking them for help and to help me get my money back.

 

FOS wont get involved as its not in their remit to deal with IVA's.

[citizenB]

So this company pretty much decided to make money out of you by mis selling an IVA instead of a DRO ?

[dx100uk]

good on ya!

 

 

Is this the only debt in the IVA?

 

 

dx

[Lucky7even]

No, I have 4 in total 2 credit cards a loan and a catalogue.

 

Max Recovery sent me yearly statements only showing between £9/10 a month being paid to them considering I was paying £130 a month!!

 

This is why I asked for help!!

 

They said it takes 15 day to respond so can only hope.

[Lucky7even]

YES Citizenb why I sent the Insolvency Practitioners a lengthy upsetting email of complaint.

[citizenB]

An IVA is a legally binding arrangement with your creditors which allows you to repay your debts in affordable monthly payments over a fixed period of time, usually five years. An IVA can only be put forward for you by a licensed Insolvency Practitioner “IP”. The IP has a duty care to ensure they properly advise you on all your options. If you decide an IVA is appropriate, then your IP will become your Nominee and will help you put together your proposals to creditors.

 

 

I think you could possibly make a complaint to the Financial Conduct Authority. Although they don't take action on individual cases, they have been looking into the DMP sector.

 

From April, the Financial Conduct Authority (FCA) will assume responsibility for the regulation of debt advice and debt management solutions from the Office of Fair Trading. As well as tougher regulation, the FCA will be monitoring how effective debt management plans are at getting debtors free from debt.

 

Practices who wish to continue to administer debt solutions will also have to prove that their own business is in good financial order and that treating customers fairly is at the heart of everything they do.”

 

It seems to me that your DMP is NOT treating you fairly.

[dx100uk]

No, I have 4 in total 2 credit cards a loan and a catalogue.

 

Max Recovery sent me yearly statements only showing between £9/10 a month being paid to them considering I was paying £130 a month!!

 

This is why I asked for help!!

 

They said it takes 15 day to respond so can only hope.

 

 

stop paying that IVA now

 

 

they should not be blindly accepting that a DCA has the correct

paperwork or legal right to take your money

 

 

max recovery are a very tinpot DCA

and if memory serves me right

is linked with one of the lesser DMC's

 

 

if they've a debt, 100% its spoof

 

 

ideally you need to trackdown who were the original creditors here

 

 

pers I've be sending anyone being paid via this IVA a CCA request

 

 

dx

[Lucky7even]

I stopped paying end of July because I simply could not afford it any more.

 

Its just been dragging on for 4 months now and I am seriously cheesed off with it all.

 

I did also send the FCA a complaint a few weeks ago via email but they have yet to respond which is why I sent a complaint today to the Insolvency Practitioners instead.

 

I doubt I will ever get my money back to be honest I wish I hand't touched them with a barge pole now; if I had gone for a DRO in the first place I'd have been debt free over a year ago!!

 

I feel so angry at it all and why they are dragging their heals in closing it down!!

[dx100uk]

non payment should auto make it fail.

 

 

you should be able to get all your payments back

 

 

and

 

 

as most of this debts appear rather bogus

 

 

I bet once a few CCA's are fired off

you'll be a few debts freer

 

 

do these debts show on your credit file?

 

 

I bet not

[Lucky7even]

1. Credit Card was with Halifax as was personal loan.

 

2. Other credit card was Virgin Money aka MBNA

 

3. Littlewoods catalogue.

 

I might obtain my credit file for a laugh and see whats on it, up until the start of the IVA I had not defaulted on my debts at all.

 

How would I get my payments back?

[dx100uk]

looks to me like you have two very worthy reasons

 

 

mis-sold - wrongly advised

 

 

used DLA against their regs.

 

 

dx

[Lucky7even]

I am going to look online tomorrow and see if there are any companies who do mis selling on iva's and I want them gits hammered for every penny!!

[dx100uk]

so how did max recovery get paid and what debt are they getting?

 

 

if you didn't default before the IVA

then I'd expect payments should be going to the original creditors

 

 

again if the DMC have changed who gets paid

that invalidates the IVA too I'm sure!!

 

 

you and they signed a legally binding doc

they cant simply decide to pay someone else your money!!

 

 

this is beginning to smell very very badly.

 

 

wouldn't surprise me to learn the DFD are linked to the drydens/Fairfax/max recoveries empire [who are all the same lot]

 

 

dx

[dx100uk]

I am going to look online tomorrow and see if there are any companies who do mis selling on iva's and I want them gits hammered for every penny!!

 

 

no do it yourself

 

 

you most certainly don't want another CMC screwing you over!

dx

 

 

 

 

dx

[Lucky7even]

So how can I gets all the money back myself then whats the way to do it?

[dx100uk]

you are already on route to doing so

 

 

slow down

 

 

get all the info FIRST.

[Lucky7even]

I am hoping the Insolvency Practitioners might be able to get the money back!!

[Lucky7even]

I've had some interesting development with the Insolvency Practitioner's Association.

 

They have accepted my complaint against the IP at Debt Free Direct regarding the circumstances of why my IVA failed bearing in mind I am on benefits and was struggling to pay a proposed increase of £45 extra a month.

 

Its been sent to a case manager who will be in contact with me in due course reagrding the grievances I raised and that I stated quite clearly I wanted my money back as they failed to raise awareness of other debt remedy options at the time.

 

Not hopefully of getting my money back, but at least its being officially looked into!!