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Posted: Tue Jun 28, 2016 6:37 pm
by Ant Deck
Desperate for effective advice please
My IVA started 24/06/10 and finished 25/06/15 fifth year report states debtor has made all his agreed contributions.

Iva is originally with Infocas, then Clear debt Ltd, currently aperture debt solutions llp,

For the last year I have been trying to get my finalisation cert, I have sent 20 emails and 2 unrecorded letters and one recorded letter, (phone calls are rude and half the time they fob me off or hang up)
All Asking when my iva will be finalised and why is there such a unreasonably delay,
No written reply has been received..

I am currently sending one email aday.

Also my address on the Insolvency daterbase is incorrect, pasture have my correct address (fifth year report)
I have lodged a complaint with the Insolvency Practitioners Association on the 3rd june 2016

Is there anything else I can do to force there hand to address the issue within 30days?, or anyone I can pay to handle this problem for me to get results,

I am currently researching, claiming for Damages in a small claims court, do you know of this being done before? Or any test cases for reference

Many thanks
ANTONY

Posted: Tue Jun 28, 2016 6:46 pm
by kallis3
Hi and welcome.

Keep pestering them by phone every day. You could also try contacting Cleardebt as they are still operating.

Send a letter by recorded snail mail.

I don't know of anyone who has tried to claim for damages and you may find it not cost effective.

Posted: Tue Jun 28, 2016 7:33 pm
by lifenoteasy

Posted: Wed Jun 29, 2016 9:23 am
by Lisa Thomas
The IPA will probably not consider the complaint as all complaints are now dealt with by the Gateway rather than an IPs governing Body so complain here:

https://www.gov.uk/complain-about-insol ... actitioner

Also, print out all of your e-mails and send then by recorded delivery with the complaint to your IP.

Send all future corres by recorded delivery.

As long as all matters have been dealt with your IVA should have been closed by now.

Even if there is PPI to deal with Aperture should be able to send you an assignment document to resolve this.

To be fair to Aperture they seem to be quite quick at getting on top of things following their takeover from GT.

Posted: Wed Jun 29, 2016 12:06 pm
by David Mond
Dear Antony,

I have sent you an e-mail this morning in response to the e-mail which you sent yesterday to several Aperture e-mail addresses and also to the general ClearDebt “Enquiries” mailbox.

With my response, I have also attached a copy of the reply which was sent to you on 6 January 2016 in response to the letter ClearDebt received from you on 5 January 2016 (dated 25 December 2015), so it is unfair to say that ClearDebt did not respond to your letter.

For the benefit of other readers, I should also point out that you did not make your final contribution owed for additional earnings in the final year of your IVA until 26 October 2015.

After that time, letters were sent to your creditors to provide them with a Notice of Intended Distribution and giving them a final opportunity to submit their claims.

This notice expired on 5 January 2016 (the same date that your letter was received) and the response which you were sent explained this, as well as explaining that we had not received a copy of the signed disclaimer letter which was previously sent to you (in March 2015) regarding compensation for mis-sold PPI.

A further copy of this disclaimer letter was also posted to you, for you to sign and return on 6 January 2016, however this was not received back until after your case had been transferred to Aperture (on 29 January 2016.

Whist I do not agree that it is ClearDebt who are at fault, I am naturally concerned to hear of your frustration and have e-mailed a senior member of the management team at Aperture and asked that they contact you as a matter of urgency to address your concerns; however, as I am no longer the Supervisor of your IVA and ClearDebt do not have any further dealings with your case, I am sorry that I am unable to assist any further myself.

Sincerely

David Mond

Posted: Wed Jun 29, 2016 1:17 pm
by lifenoteasy
Admin - I would seriously recommend that this conversation is at least locked or potentially even deleted.

I appreciate the strength of feelings on both sides and the original poster should have done more to protect their identity but they may wish to consider a right to forget request to search engines.

Posted: Wed Jun 29, 2016 2:47 pm
by Adam Davies
Hi

I have changed the original posters username

Regards