Drydensfairfax Ongoing Saga!!

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

It may mean that it fails S78 assuming you made a formal S78 request and not just a request for the agreement.

Only a judge can state that with certainty.

As for is it being unenforceable , well i really wouldn't like to say as again that is for a judge

They are probably both arguments you could try if they brought a claim against you

Thanks warwick.

I also understand that Section 61 also refers to being provided with a copy of an executed agreement.

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

I don't think you being provided a copy at the time is really relevant and S61 is all about what makes an agreement correctly executed.

Assuming you did send a correct CCA request in the first place I would make sure they knew they had not fulfilled your request ( which I think you have done on many occasions) and just let it be

I can only tell you what I did which was send out lots of CCA requests to all my creditors , told them they hadn't complied ( except some told me they couldn't comply and thus the account was UE) and more or less left it at that.

If it was passed on to a new DCA I wrote and told them there was still an outstanding CCA request .

I am now over 5 years in with no payments and several people I know , now have all their debts statute barred ( I was a little late coming to the party)

BTW - when you entered your IVA , I assume you were in work and the repayments were based on your income at the time

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

I don't think you being provided a copy at the time is really relevant and S61 is all about what makes an agreement correctly executed.

Assuming you did send a correct CCA request in the first place I would make sure they knew they had not fulfilled your request ( which I think you have done on many occasions) and just let it be

I can only tell you what I did which was send out lots of CCA requests to all my creditors , told them they hadn't complied ( except some told me they couldn't comply and thus the account was UE) and more or less left it at that.

If it was passed on to a new DCA I wrote and told them there was still an outstanding CCA request .

I am now over 5 years in with no payments and several people I know , now have all their debts statute barred ( I was a little late coming to the party)

BTW - when you entered your IVA , I assume you were in work and the repayments were based on your income at the time

Thanks warwick

I was on benefits when I entered into the IVA

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

Frankly I am appalled that a company could take you on an IVA when you were on benefits.

Does the company still exist?

If it does I think you should put your energies into making a formal complaint to this company and when they do not uphold your complaint take it to the FOS. In addition I would report them to the FCA. The FCA will not act on your complaint but it will be noted.
[MENTION=48934]Debt Camel[/MENTION] [MENTION=6]Amethyst[/MENTION]

Just how much a month were you paying into the IVA - it must have been a large chunk of your benefits.

In your circumstances i would have thought a DRO or even BR would have been a better option although if you own your house that might have been a problem.

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

I am sorry if this just adds to your MH stresses and strains

I have been reading back and see you may or at least your partner may own property.
I am assuming you are a female - kinda one of my pet hates when people assume your gender
Something in general you need to realise is that if you are married ( and you have referred to him as your husband) or maybe you aren't female and maybe married or have a civil partnership you will have an interest in the house and you will be financially linked.

As far as I am aware the law does not allow two people in a relationship who live together to claim for the purposes of benefits etc that they are not financially dependant

I know if I lived with my partner I would be obliged to give his income in my student loan applications.

[Debt Camel]

Re: Drydensfairfax Ongoing Saga!!

Frankly I am appalled that a company could take you on an IVA when you were on benefits.

Does the company still exist?

If it does I think you should put your energies into making a formal complaint to this company and when they do not uphold your complaint take it to the FOS. In addition I would report them to the FCA. The FCA will not act on your complaint but it will be noted.
@Debt Camel @Amethyst

Just how much a month were you paying into the IVA - it must have been a large chunk of your benefits.

In your circumstances i would have thought a DRO or even BR would have been a better option although if you own your house that might have been a problem.

From memory, Spellcaster was on disability benefits so an IVA may have looked affordable. There is no bar on an IVA if you are on benefits - if you have an asset to protect it may be your only possible insolvency option.

Bankruptcy would probably have been a better option for her but neither the FCA nor the FOS will consider complaints about IVAs. There is an argument that they should consider complaints about mis-selling but as DFD are currently going into administration I see no point in trying to pursue this.

Spellcaster is aware of my views that she should be considering bankruptcy now and refuses to look at the option.

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

I was not aware that Debt Free Direct are going into administration, can I ask when was this in the press?

I am not going into bankruptcy over a debt of £931.

I've got the Credit Services Association on board who have been extremely helpful.

[MIKE770]

Re: Drydensfairfax Ongoing Saga!!

Minimum level for Bankruptcy is now £5,000

The minimum limit has now been increased to £5,000. On 1^st October 2015, therules relating to bankruptcy petitions were changed. For many years, a creditor owed as little as £750 was entitled to bring a bankruptcy petition for an undisputed debt. The minimum limit has now been increased to £5,000.

[Amethyst]

Re: Drydensfairfax Ongoing Saga!!

I was not aware that Debt Free Direct are going into administration, can I ask when was this in the press?

I am not going into bankruptcy over a debt of £931.

I've got the Credit Services Association on board who have been extremely helpful.

AHA 4th Sept -> http://www.thebusinessdesk.com/north...es-going-ahead

Chorley-based IVA specialist Debt Free Direct – a subsidiary of the under-administration AIM-listed company Fairpoint Group – has itself now been sold out of administration for almost £1.35m.

Sandy Kinninmonth, Lindsey Cooper and Chris Ratten from RSM Restructuring Advisory were appointed joint administrators on Friday (September 1).

The Adlington company is an Individual Voluntary Arrangement (IVA) business with assets of nearly £37.5m that delivers debt solutions for individuals across the UK and employs 72 people and is part of Fairpoint which went into administration on August 10.

The business and certain assets of DFD have been sold to Aperture Debt Solutions, based in Belfast. All employees will transfer to the new owner with immediate effect

https://apertureiva.com/contact/
https://register.fca.org.uk/ShPo_Fir...000003Ud3P0AAJ

Sounds like Apeture might not agree -> https://www.iva.co.uk/forum/viewtopic.php?f=145&t=83375

by Foggy » Wed Sep 20, 2017 9:22 am
Write to them, by recorded delivery, addressed to the IP directly. According to industry news (although Aperture staff are denying it, apparently) DFD have been taken over by Aperture, so things will be in a state of flux for a while. As regards the BR markings, ask the CRA to explain -- this is not right at all.

Ignore the rest then - just for info

Fairpoint isn't it ?

https://beta.companieshouse.gov.uk/company/04425339

30 Aug 2017	Registered office address changed from Eversheds House 70 Great Bridgewater Street Manchester M1 5ES to C/O Rsm Restructuring Advisory Llp 3 Hardman Street Manchester M3 3HF on 30 August 2017	View PDF ( Registered office address changed from Eversheds House 70 Great Bridgewater Street Manchester M1 5ES to C/O Rsm Restructuring Advisory Llp 3 Hardman Street Manchester M3 3HF on 30 August 2017 - link opens in a new window ) (2 pages)
24 Aug 2017	Appointment of an administrator	View PDF ( Appointment of an administrator - link opens in a new window ) (4 pages)

https://www.lawgazette.co.uk/practic...062377.article

Alexander Kinninmonth, Gareth Harris and Lindsey Cooper are licensed to act as Insolvency Practitioners in the UK by the Institute of Chartered Accountants in England and Wales.

Insolvency Practitioners are bound by the Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment.

The affairs, business and property of the Company are being managed by the Joint Administrators who act as agents of the Company and without personal liability.

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

Yes, Debt Free Direct are part of Fairpoint.

I wonder what's going to happen to people who have had IVA's with this company and they failed because they wanted more money!?

- - - Updated - - -

Minimum level for Bankruptcy is now £5,000

The minimum limit has now been increased to £5,000. On 1^st October 2015, therules relating to bankruptcy petitions were changed. For many years, a creditor owed as little as £750 was entitled to bring a bankruptcy petition for an undisputed debt. The minimum limit has now been increased to £5,000.

Like I said, I'm not going for bankruptcy for an debt of only £931.

Hopefully the CSA will be able to step in and help, so far they have been helpful.

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

I am certainly not suggesting you go BR but is your total level of debt greater than this- I believe so or was the other written off

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

I am certainly not suggesting you go BR but is your total level of debt greater than this- I believe so or was the other written off

Halifax wrote off over £9K of debt.

So all I've got left is this £931 Drydens are trying to chase for.

[Amethyst]

Re: Drydensfairfax Ongoing Saga!!

Re Debt Free Direct - I asked Aperture on FB -

Hi Sharon, yes - Debt Free Direct is now a part of Aperture IVA but the same team at DFD are available to deal with queries. Regards, Nicola

There are a few issues with their telephony system at the moment, and these are being worked on. Alternatively, you can reach the team on customersupport@debtfreedirect.co.uk and emails have a current response time of around 3 hours. I hope this helps. Regards, Nicola

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

Re Debt Free Direct - I asked Aperture on FB -

Last time I contacted DFD via email they took 5 days to reply!!!!!

- - - Updated - - -

So I wonder whats going to happen then to people who had previously paid into an IVA with this company then had to cancel is because they wanted more monthly payments?

[Debt Camel]

Re: Drydensfairfax Ongoing Saga!!

Yes, Debt Free Direct are part of Fairpoint.

Like I said, I'm not going for bankruptcy for a debt of only £931.

and the rest of your debts? Sorry, I really can't remember the details just that you were on PIP. It may be a debt relief order is appropriate.