Shares that matured during my IVA

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Rotex
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by Rotex » Tue Aug 07, 2018 5:22 pm
Hi everyone,
I'm being chased for £1000 which I originally disclosed as Shares which would mature during my IVA before my IVA Court hearing back in 2013. Due to an error on behalf of Debt Free Direct this sum wasn't included in the Court order. Subsequent conversations with DFD led me to believe they where going to remove this from my IVA. After the demise of DFD Aperture are now chasing me for this sum, even though I have paid my final instalment. Are Aperture legally entitled to demand this sum of Money from me?
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Foggy
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by Foggy » Tue Aug 07, 2018 5:27 pm
Rotex wrote:
Hi everyone,
I'm being chased for £1000 which I originally disclosed as Shares which would mature during my IVA before my IVA Court hearing back in 2013. Due to an error on behalf of Debt Free Direct this sum wasn't included in the Court order. Subsequent conversations with DFD led me to believe they where going to remove this from my IVA. After the demise of DFD Aperture are now chasing me for this sum, even though I have paid my final instalment. Are Aperture legally entitled to demand this sum of Money from me?



The shares were an asset which realised during the IVA, therefore they are payable into the IVA. Yes, they are legally entitled to demand the money.
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MerlinL14
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by MerlinL14 » Tue Aug 07, 2018 5:38 pm
I would concur with Foggy, they were a listed asset of the IVA agreement and legally you will need to hand this money over.
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Lisa Thomas
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by Lisa Thomas » Wed Aug 08, 2018 8:27 am
Can you clarify a little more about the Court order you are referring to?

Do you mean the shares were omitted from your proposals?

Even if they were this is still an asset of your IVA - it was your duty to ensure they were disclosed in the IVA proposals.
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