IVA End.. is never in sight.

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GavinH
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by GavinH » Fri Jan 19, 2018 3:56 pm
Hi, we took out our IVA in January 2010 and apart from a brief few months gap which was added on we reached our 5 year anniversary in July 2016. Because we couldn’t release the equity in our property we had to continue for another year. Due to the constant delays and failure to contact us I chased the IVA company at the end of the 12 months to confirm it was our final payment. Due to the aforementioned delays it turns out that I had made four months overpayments.
I was advised in August that the certificate of completion would take 3 to six months. In January I chased them again only to be told that the last payment was September and it now won’t finish until March despite being told in November it was January and they would expedite our case.
January is 8 years from our original start date. Taking into account the few months gap and the four months payments it’s still over 7 years.
The company is Aperture. I even rang them today and asked if I could speak to my case handler as no one ever knows about your case. I was told he was a manager and I couldn’t speak to him.
What can I do as I’m desperate to get this off my back and tired of being constantly misled? What should be a happy time, Aperture has turned into a nightmare.
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Foggy
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by Foggy » Fri Jan 19, 2018 4:01 pm
Aperture are under strain at the moment due to taking on other caseloads and under resourcing (one thing they are good at) but were never the fastest horse in the race before that ! I would suggest a formal complaint to the firm which you can escalate to the regulators via the Government Gateway at: https://www.gov.uk/complain-about-insol ... actitioner
GavinH
Posts: 4
by GavinH » Fri Jan 19, 2018 5:12 pm
I've just had a call back from them, they said that the delay was due to one of the creditors disputing the figures regarding the original debt.
Can they do this? At this late stage are the creditors allowed to add, increase or change the final figure owed? what's the worst possible outcome?

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Gavin
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Foggy
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by Foggy » Fri Jan 19, 2018 5:32 pm
GavinH wrote:
I've just had a call back from them, they said that the delay was due to one of the creditors disputing the figures regarding the original debt.
Can they do this? At this late stage are the creditors allowed to add, increase or change the final figure owed? what's the worst possible outcome?

Regards
Gavin


I am afraid that they are -- seemingly. This is something I have never understood and would have thought that claims should have to be established, agreed and finalised at the outset and certainly before the first dividend distribution. Worst outcome, as I understand it, is if the new figure increases the original debt load by more than 10%, which could see the IVA failed if creditors do not now agree the new figures.
GavinH
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by GavinH » Tue May 15, 2018 3:23 pm
Just a quick update.. the so called creditor was actually the company my secured loan was with. They were listed on the original IVA agreement but not on the creditors list.
I queried it with them and was told 3 different stories by 3 different people. I also spoke to the company concerned who were more than happy to speak to Aperture to confirm that they had not made a claim on my IVA. Also they couldn’t understand where they had got the figures from that they said were being disputed.
Eventually after writing a very strong letter to my IP things started moving again.
6 months and 2 weeks after the original later to say they were going to close it finally happened.. We now have our Certificates to say we have completed.

After close on 7 years and the last 6 months of stress and worry we have finally reached the end.
:D
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Ryan
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by Ryan » Tue May 15, 2018 3:32 pm
Excellent news at last. Congratulations.

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Foggy
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by Foggy » Tue May 15, 2018 3:38 pm
Great to hear it has finally ended !

Onward and Upward :-)
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kallis3
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by kallis3 » Tue May 15, 2018 4:13 pm
Great news!!
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