This is quite a long story, but I will try keep it brief and as factual as possible, any advice would be appreciated.
In June 2015 my partner and I were told that we needed to increase our monthly payments via a letter after a yearly review.
Soon after this we had a change in circumstances and had to move house, as a result my partner had to give up her job.
Now, I realise at that point we should have gone to Aperture and advised them of our CIC, however, we felt we could keep up with the original payments, but didn't increase them as requested as we were one wage down, knowing that another review would come around soon enough and hopefully our circumstances would be understood and the payments might actually go down!
This never happened and we carried on paying the original agreed amount until the next review.
In the next review it was highlighted that we were in arrears, we contacted Aperture and explained the situation, we were asked (as always) to complete more income and expenditure forms, CIC forms etc etc, which we did. No reply or contact back from Aperture.
Then in March this year my partner was served a breach, again we immediately contacted Aperture to go through the whole process again, trying to explain our situation, to once again be asked to complete more income and expenditure forms etc etc. Yet again though, no reply from them.
At this point my partner actually got back into work, so, more CIC forms completed and we increased our payments to the higher amount they originally wanted, as by this point we were very conscious that Aperture seemed incapable of responding to anything and of course we didn't want to fail the IVA, plus we could afford the extra.
So we were due to finish our IVA in March 2019, except we are now £4000 in arrears according to Aperture!
Despite millions of e mails, phone calls and bashing my head against a wall, I am getting nowhere with them, other than you owe the money and the IVA can't be completed until its paid off. They seem incapable of answering even the simplest of questions, there is no guidance or support, advice on what we can do or how to do it.
So my question really is, can it be right that they let us get into £4000 worth of arrears without trying to get in touch and put it right? Why didn't the breach come much sooner, if they really felt we were breaking the terms.
We have not received any letters, phone calls or e mails reminding us, or warning us of our situation, only the yearly review that I mentioned above. This surely can't be right?
Looking back I would do some many things differently now, but we thought we were doing the right thing at the time and paid what we could, on time every month. Surely there should have been some attempt to contact during June 2015 and March 2017 warning us of what was happening, especially after every review and CIC that we went through.
Do I have a case, or am I kidding myself?
Yes, Aperture should have pulled their finger out and been more pro-active / forceful / helpful --- but, as I said, they could also have just failed the whole shebang !
Unfortunately we "end users" have very little recourse, in reality, other than to force the IP to stick to the agreed terms --- however this becomes very questionable when discretion is involved and Aperture are known to be more creditor centric in matters of discretion, rather than on the side of the client -- although, technically they are supposed to be neutral.
You could go through the complaints procedure and escalate this to their regulatory body --- but the regulators will not intercede and alter decisions. They will, if they feel you are right, issue a reprimand and possibly a fine.
The difficulty is that actually the arrangement could have failed as a result back then had creditors been asked to vote on it.
If you want the IVA to continue you may have to agree an extension as Foggy says to get the arrears caught up.
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