Shares that matured during my IVA

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Rotex

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Post 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?

Foggy

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Post 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.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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MerlinL14

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Post 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.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues

Lisa Thomas

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Post 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.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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