Hi I was in an IVA from 2010 until 2015 that I paid off over 75% of my dept how ever there was a trust clause in the IVA that was originally administered by Thornton Grant then passed to Aperture At the beginning of last year I had word of another large PPI refund that I was entitled to that totals £8000 ,£6500 after the company that found it take their cut.Up to this point I have actually paid back double my original dept with fees charged by the administrator .My main question is after I informed Aperture IVA trusts they appear to have done nothing to collet this money and the loan company has the refund on hold due to the IVA should aperture be colleting these funds as appear to be doing very little despite numerous e-mails and phone calls
thanks in advance Rob
They are entitled to the refund to be paid into the IVA trust, up to the total of the remaining original debt and fees, plus possible statutory interest. Anything over this amount should be yours.
I would press them to either proceed with the claim or to issue you with a letter confirming they have no further interest in the refund, in which case it should be sent to you.
You could try getting the ball back into your own court by adding to the request (preferably in hard copy, by registered snail mail -- keeping copies and posting receipts) that, should they not come back with a substantive reply within 21 days, you will take that as their agreement that they do not wish to claim the refund and that it is released to you. Not legally airtight, but it might work.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014 http://foggy.blogs.iva.co.uk