Aperture is threatening to cancel my IVA with only one year of IVA left

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ian894
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by ian894 » Sat Aug 12, 2017 2:51 pm
Good afternoon my name is Ian and i am currently in an iva with a company called aperture and as from august of this year I am increasing my monthly payment to 220 per month, my iva finishes in September 2018. When I took out my iva in 2013 it was with a company called clear debt who then 12 months later sold my debt to a company called aperture and this is where my problems start in November 2016 I did my annual review sent them all that they requested they then sent me a letter stating that they wanted to increase my payments to 260 per month as they reckoned I had 500 spare each month total crap I never agreed any increase in writing was not given the opportunity to so I told them I couldn't afford such an increase and continued to pay the 176 I originally agreed with clear debt. Aperture are now saying that I have incurred 1500 pounds in arrears how can I have arrears if I haven't missed a payment in four years at the beginning of august I received a letter stating that if I don't increase my payments they would cancel my iva with only just over a year to go. Can they do this I have been open and honest all the way with them I just feel like they are trying to get more than I can afford to pay. My partner works part time and my wages pay all the bills and living costs can you advise me on the best course of action as I would certainly not recommend aperture to anybody else
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Foggy
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by Foggy » Sat Aug 12, 2017 4:34 pm
I am afraid that they can do this if they can justify the increase. By you not paying the increased amount you will incur arrears which can be grounds for cancellation --- alternatively you could ask for the term to be extended to cover these arrears, but they do not have to agree.

Now --- assuming you have the usual clauses you are due to pay the creditors half of any salary increase you have had ..... has your salary gone up over the years ?

At the end of the day they determine your payment, not you.
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luluj
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by luluj » Sun Aug 13, 2017 2:20 am
Unfortunately yes they can - as foggy suggests the £1500 is made up from the underpayment made for last few months.
Personally I would seek their support in extending your iva to clear the arrears to avoid it being terminated and potentially leading to bankruptcy.
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Lisa Thomas
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by Lisa Thomas » Mon Aug 14, 2017 8:14 am
You need to challenge the original calculations of the increase, if you are certain they are wrong.

If however they are correct then I would suspect there might be something wrong with your expenditure - perhaps you are not sticking to budgets or are spending on non- essential items.

Either way if there calculations of your surplus was correct then you need to reach an agreement to clear the arrears or your IVA will fail I'm afraid.
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Michael Peoples
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by Michael Peoples » Mon Aug 14, 2017 9:11 am
The review would have been carried out based on the information you supplied. If you made an error or you feel that the payments have been increased unjustifiably then you could ask for a review to get the payments right. Aperture do not want to have to fail your IVA so give them a call and try to resolve this. Just refusing to pay leaves them no option other than termination which is not what anyone wants.
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