Aperture appoint First Dispute Management (FDM), to investigate all aspects of financial mis-selling

Friday 17 May, 2019

Financial Mis-selling

Aperture have instructed First Dispute Management (“FDM”) to act on behalf of IVA estates to investigate possible financial mis-selling, such as unaffordable lending, undisclosed commissions, mis-sold pensions.

This is the case regardless of whether your IVA is still open, or it has been completed.

It is likely you will, or have already, received some documentation regarding the claims process and it would be appreciated if you can complete these documents and return them to FDM as soon as possible.


My IVA has been completed

Although your IVA has been completed, the ruling in the recent case of Green v Wright demonstrated that compensation for financial claims remains an asset of the IVA even where the IVA has closed. We can appreciate that your IVA may have concluded some time ago and there’s every chance that financial claims weren’t even a thing at the time your IVA closed.

In any case though, your Former Supervisor is duty bound to ensure that compensation goes into the IVA which is why we’re asking for your help and assistance in this matter. As it’s a bit of a pain having to come back to you after all these years, we’re offering to pay any statutory interest to you as a goodwill gesture for your prompt assistance and have enlisted FDM to try to keep any work required by you to a minimum.

I’ve already made claims

That isn’t a problem. If you’ve already claimed and received money, it isn’t going to be clawed back so you don’t need to be concerned about that. However, it’s entirely possible that there are still other potential claims with the same lender for PPI, unfair lending, undisclosed commissions or an array of other possibilities so it doesn’t hurt to give it another go.

If there’s nothing else there, then you’ve lost nothing but 5 minutes of your time for completing the documentation. If any of your previous claims were rejected, with more recent rulings and precedents, it is likely these can still overturned – and remember, you get to keep the statutory interest of any win and if you’ve had a claim before, you’ll probably know how much that can be.

Can I make claim myself?

You are free to make a claim yourself, but you must remember that any compensation you receive must be paid into your IVA as claims are an asset of the arrangement which therefore belong to the IVA estate.

You will also need to obtain a letter from the Supervisor confirming they are satisfied with your choice of company and if you do receive compensation which you keep, it will likely lead to a claim against you on behalf of the creditors being brought. If you do pay the funds to the IVA, or as is usually the case the lender pays the money straight to the Supervisor, you may find the firms you have enlisted will charge you for their work.

FDM work on a No Win, No Fee basis which means that if you don’t win, there is nothing to pay. Furthermore, as they are working on our behalf, you have no personal liability for any of the fees whatsoever.

If you have any further questions regarding mis-selling claims, please contact FDM on 0333 360 1724 or 0161 821 1280.