My IVA company went bust so I cancelled my DD

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janet440

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Post by janet440 » Wed May 09, 2018 5:38 pm
I had an IVA but the company went bust last year I had no correspondence telling me this, I found out purely by accident so cancelled my DD with them out of concern, this was 5 months ago. To this day I have had no correspondence informing me. Today I received a text from a company saying I was in arrears and to contact them. I don't know who they are, again I've had no correspondence. Is it legal for them to do this without my knowledge or consent and am I obliged to pay. I cancelled the DD after I found out they went into liquidation and feel it was they who broke our contract. Am I right? Any advice would be helpful
Yours Sincerely
J Blax







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MerlinL14

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Post by MerlinL14 » Wed May 09, 2018 5:59 pm
When 'whoever' it was you were with ceased to trade anymore your IVA portfolio would have been passed to another company/IP. It is probably taken this long to sort out as there would have been hundreds off accounts the 'new' company needed to trawl through to get things back on an even keel. You could technically be held in breach, I take it you didn't put away the payments? You need to engage with the new company, outline your lack of communication from the old company and had no idea other than them going bust about what to do. They could add payments to the projected end of the IVA to make up for the missing payments. Don't think this will go away you NEED to open a dialogue with them as a matter of urgency.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues

Foggy

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Post by Foggy » Wed May 09, 2018 6:06 pm
The change of cases from one firm to another is standard practice when an IP ceases to function. They do not need your consent. Usually the bank accounts transfer too and old DDs still function.

You do not have to pay the arrears, but the IVA will then fail and the last few years will have been wasted, along with your payments. You would have broken the contract by not paying .

Aperture have taken over several caseloads recently and are not known for their communications skills.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

kallis3

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Post by kallis3 » Wed May 09, 2018 8:47 pm
Who were you with?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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