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Posted: Thu Oct 06, 2016 12:26 pm
by Starry30
We paid aperture our lump sum on the 11th August and heard nothing from them except to sign the green vs Wright forms which we did....got a call this morning asking for £150 one months payments as per the variation agreement set by our creditors to close our Ivas, we did see it but didn't realise we had to pay an extra month and thought it was just a mistake as the reason for our f&f was we couldn't afford it any longer and was told to cancel our standing orders for July and August it's been a couple of months since I wish they would of said sooner and explained it more except telling us it was over and no more was due into the iva. We are going to struggle to get this money as per the reason why we had to finish early I'm quite worried and abit hacked off tbh that aperture never explained fully. Sorry for my rant :(

Posted: Thu Oct 06, 2016 5:03 pm
by Lisa Thomas
This is what we are here for. I'm afraid if you signed and accepted this you will struggle to argue any differently but you could still make a complaint about it - who added it in there - was it a modification that you were asked to accept?

Posted: Thu Oct 06, 2016 5:15 pm
by sponge
these forms I assume is some sort of disclaimer on the outcome regards the green v wright case?

Posted: Thu Oct 06, 2016 5:40 pm
by kallis3
I imagine it is - hopefully this will be sorted out in November.

Posted: Thu Oct 06, 2016 6:53 pm
by Foggy
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by sponge

these forms I assume is some sort of disclaimer on the outcome regards the green v wright case?
Any assignment of PPI will circumvent the Green v. Wright case if it is decided in the debtors favour --- this is why many firms are in a rush to get such forms signed quickly. However, it really is a moot point as the reposte would be to simply withhold completion until such time as PPI is dealt with or assigned. Whether they can legally withhold completion on these grounds would need to be decided by another court case, should anyone want to sponsor one, which could take a few more years --- by which time PPI will have died a death.

Posted: Thu Oct 06, 2016 9:18 pm
by Starry30
Lisa we had no idea of any modifications made the only modification we were told about was that aperture had to reduce their variation fees for both of us we was not told we had to make this final payment as we were told to cancel our standing orders mid July.
We both read the variation reports but we just thought they hadn't taken julys payment out of our forms and had just rewritten new ones for the creditors as I rung and said we cldnt afford the July payment either and they said it would be rewritten for the creditors, it's going to take us 3 months to pay this off longing off the closure for us gutted is an understatement as if we had known I would of asked my dad to borrow it when we paid the lump sum and repaid my dad back at a minimal amount each week.

Posted: Mon Oct 10, 2016 10:02 am
by Lisa Thomas
I'm afraid as you accepted/signed the variation forms you are going to have an uphill struggle to retrospectively challenge the terms that you accepted. Those 3 months should pass quickly and then you can put the pressure on your IP to close quickly, hopefully quicker than the standard 6 months some firms seem to be taking.