We finished IVA in 2007, now Aperture have asked us to remortgage. Can they ask for this ?

[Dave.s]

We have just been told by aperture that we are behind on our payments in our iva agreement. we finished our 5 year term (all payments made).in 2007 and have only recently been asked to try and remortgage. We informed aperture we could not get a remortgage due to our ages.and can not now afford to extend for another year.my question is.can they ask for this after so long? We never agreed to make further payments and we were told from the beginning it had a duration of 5 years.

[lifenoteasy]

Did you ever receive your completion certificate?

[Dave.s]

Thanks for the reply. We never actually received a certificate but did get a letter thanking us for the final payment. And it was 2012 complition date not 2007 ( start )

[kallis3]

Hi,

I don't see how they can now try and get you to remortgage as you made your final payment.

Do you still have the letter? If so then I'd get in touch with them and tell them.

It might be crossed wires somewhere and the letter shouldn't have been sent out.

Have you checked to see if you are still on the Insolvency Register?

https://www.insolvencydirect.bis.gov.uk/eiir/

[Lisa Thomas]

Hi Dave

Something strange has happened here. The equity point should usually be dealt with at month 54 of the arrangement so somewhere in 2012.

Given you received confirmation about your final contribution and it sounds like you have heard nothing since in 3/4 years I would suspect you are within your rights to make a complaint here.

First check whether you are still on the IVA register here:

https://www.insolvencydirect.bis.gov.uk/eiir/

I wonder if this was overlooked by GT and now they are having a review of dusty old cases following becoming Aperture and this has only just been picked up.

At the very least the valuaiton should be based on 2012 prices.

See if you can a) argue its been 4 years and they've missed the boat and you will make a complaint if they don't close your IVA
b) that your equitable interest was less than the £5k in 2012 so the extension/remortgage won't apply anyway.

Absolute worst case scenario- if none of that works (but I would hope 1) does), will be to find monies to make a settlement offer towards a further 12 months of contributions.

[lifenoteasy]

Worst case is that the IVA is regarded as out of time and has failed (based on something that Michael stated a couple of weeks ago).

Aperture have completely failed here and you should be pushing on the basis that you acted correctly and that you expect your CC to be issued asap.

This is likely (again) to be an issue with Aperture and poor data quality but you need to ensure that they deal with this as a formal complaint.