Yesterday I received a ‘Notice of Breach’ from Aperture

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mark641
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by mark641 » Sun Apr 08, 2018 8:12 am
I have an IVA from a previous marriage which has ‘failed’. I approached the IP company - then called something like ‘Clear Debt’ THREE YEARS AGO, and explained the marriage breakdown, change in circumstances etc - then heard absolutely nothing!
Yesterday I received a ‘Notice of Breach’ from Aperture, so I have e-mailed them this morning asking many questions regarding my situation.

My concern right now is the length of time it has taken them to come back to me and that IP company has changed (again!) to a company who appear to be continually slated online.

Any advice please?
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Foggy
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by Foggy » Sun Apr 08, 2018 8:39 am
Apologies, but was it the IVA that failed as well as the marriage ?

If it was the IVA and, even though you got no response from Cleardebt, it appears that you made no further attempts to sort it out or chase them, so I assume the arrangement has lain dormant all this time, or was it actually failed ( what does it say on the Insolvency Register ? Have you been making payments ?

IF this breach is because of the break it might be possible to salvage as Cleardebt were complicit in the silence (although not entirely to blame if you just "let it lie" ). The Notice of Breach should have told you what they need from you.
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mark641
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by mark641 » Sun Apr 08, 2018 9:01 am
Foggy wrote:
Apologies, but was it the IVA that failed as well as the marriage ?

If it was the IVA and, even though you got no response from Cleardebt, it appears that you made no further attempts to sort it out or chase them, so I assume the arrangement has lain dormant all this time, or was it actually failed ( what does it say on the Insolvency Register ? Have you been making payments ?

IF this breach is because of the break it might be possible to salvage as Cleardebt were complicit in the silence (although not entirely to blame if you just "let it lie" ). The Notice of Breach should have told you what they need from you.


Thanks Foggy.

The IVA being in a mess was instrumental in the separation from my then wife.

Once the separation had settled - and with no paperwork for reference (remained with the ex-wife), I contacted Cleardebt and told them of the situation - they advised they would be in touch, but in the interim my creditors would be free to pursue me.

I have e-mailed them this morning in response to the Notice of Breach, asking for relevant details etc - but am concerned that Aperture appear to be receiving a lot of bad press, particularly over their timeliness of process and correspondence, as well as what options are available to me from here - particularly as I am in another relationship with someone who has nothing to do with the IVA?
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Foggy
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by Foggy » Sun Apr 08, 2018 9:14 am
Mark, have you checked the Insolvency Register ? ---- from what Cleardebt said about creditors being free to chase I would have assumed they failed the arrangement back then .... but .. if they had there would be no Notice of Breach from Aperture ! Strange to say the least.

The problem with Aperture stems from their inability to handle case load acquisitions without adversely impacting on their current caseloads --- they never resource properly and fall behind on all levels. Every now and again you can find a diamond in the office who will take responsibility for your case and do a good job! I was with Grant Thornton (who were, basically, Aperture by another name) who, apart from the long running timeliness issues, stepped in and saved me (probably literally) when I became a single parent.

You need to establish exactly where you are now and, if the IVA is still live, if you can / want to save it. If it has failed you will need to speak to (probably) another company for advice as to the way forward as the debts will still be there and need to be dealt with.
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plasticdaft
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by plasticdaft » Mon Apr 09, 2018 9:05 am
Have the creditors taken any action since you stopped paying the iva?
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