i am extremely concerned about Payplans threat of breech. Would really welcome advice.

Get expert opinion. This is the place for new questions to be posted.
10 posts Page 1 of 1
 
 

Richard.18

User avatar
Posts: 2
Joined: Thu Dec 03, 2015 7:58 pm

Post by Richard.18 » Thu Dec 03, 2015 7:58 pm
Hello there. I am currently in my 6th year of my IVA with Payplan and only have 4 months left, after paying in almost £27,000 to date. Today, Payplan have requested that i send them my P60's dating back to 2010??!!! I only have P60's since 2014 as before this i was working either self employed, contract through an agency or I was unemployed. I'm extremely stressed about this situation as I do not have this historical information and they have said that if i do not provide the p60's i will be in breach of the agreement and the IVA will fail. I think for them to state this at this point in the IVA is absolutely disgraceful! I won't have been provided with P60's before this due to my working circumstances, and i don't still have records of my wages / payslips prior to 2013. I have always provided them with information that they have requested and complete my annual reviews. I don't ever recall them requesting p60's prior to 2014. I am extremely concerned about this matter and would really welcome any advice.

Richard
 
 

relieved33

User avatar
Posts: 1166
Joined: Mon May 18, 2009 7:22 pm
Location:

Post by relieved33 » Thu Dec 03, 2015 8:05 pm
I agree they have left it late but I imagine it will be deemed a reasonable request which you are required to comply with. You must have had a P60 for agency work if you paid tax on your salary and I assume you had accounts when self employed. I have never been unemployed but I think they must ve able to confirm how much you received. Your IP has a duty to check income, should have been requested timely but P60s are legal documents that say on do not destroy. Hopefully there's another way to check income or for you to get the necessary proof.
 
 

lifenoteasy

User avatar
Posts: 3248
Joined: Thu Feb 05, 2015 2:26 pm
Location: United Kingdom

Post by lifenoteasy » Thu Dec 03, 2015 9:44 pm
Ask for a full copy to date of all information they hold about you so that you can cross reference what may/ may not have been provided.

That will also prove you have never previously been asked for this information in this way.

Additionally immediately complain about asking for totally retrospective information given that they have annually confirmed that they have done a full review.

Then immediately complain to the insolvency service.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

relieved33

User avatar
Posts: 1166
Joined: Mon May 18, 2009 7:22 pm
Location:

Post by relieved33 » Thu Dec 03, 2015 10:04 pm
Personally I would look to resolving the problem rather than complaining about it.

Have they said why they require the P60s? If you have annual reports stating that you have fully complied and that they have completed your review, I cannot see how they can breach you if you provide the current P60 that you have.

I am perhaps naive in thinking that you get more with cooperation than complaint.
 
 

richardwjackson

User avatar
Posts: 18
Joined: Sun Jul 26, 2009 4:25 pm
Location: United Kingdom

Post by richardwjackson » Thu Dec 03, 2015 10:20 pm
Many thanks for your replies. They said that is a requirement of my IVA that I provide my P60. It doesn't actually state that in the chairman's report. It just states that it's a method of determining income. They must have had sufficient information from me to sign off the annual review which I have completed for the past 5 years without issue. They said they asked for it every year but I know for a fact that they haven't, and will ask them to provide evidence that they have. I have no problem providing a P60 for the past 2 years when I've been in permanent full time employment, but before that it will be very difficult.
6 months down, 66 to go to freedom from £75,000 debt!!
 
 

relieved33

User avatar
Posts: 1166
Joined: Mon May 18, 2009 7:22 pm
Location:

Post by relieved33 » Thu Dec 03, 2015 11:12 pm
https://www.gov.uk/paye-forms-p45-p60-p ... paye-forms

I really cannot see how they can breach you if you fully complied and have annual reports saying so.

It may be less hassle to get copies of your P60s which you can do. See link I have tried to copy. Get copies and copies of your tax returns from when you were self employed.
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri Dec 04, 2015 9:05 am
If Payplan have the March payslip from any year you worked this should give the full pay and tax for that year. I can only assume they got the wage slips over time to determine whether overtime was paid so this threat is unnecessary.

You can provide copy tax returns for any self employed periods but they should have already requested these so I think you should complain to your IP about these threats as you have complied with every request during the IVA. If something is missing it should have been picked up by now but threatening a breach and potential failure/bankruptcy is way over the top.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

richardwjackson

User avatar
Posts: 18
Joined: Sun Jul 26, 2009 4:25 pm
Location: United Kingdom

Post by richardwjackson » Fri Dec 04, 2015 10:31 am
Thanks for the reply Michael, much appreciated. I do think to make these threats at this stage of the IVA with only 4 payments remaining is very unprofessional and has caused me a great deal of stress. I feel that PayPlans service has deteriorated significantly over the past couple of years. I'm fed up with the constant change in case officers, who all seem to have contradictory views of what information is required. Absolutely no consistency whatsoever.
6 months down, 66 to go to freedom from £75,000 debt!!
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri Dec 04, 2015 12:13 pm
Make sure and put this to Payplan as any complaint does put a hold on further action. There is no need to take the complaint outside of Payplan but you have grounds to be dissatisfied and make them aware of this. At least if you do have to take this further you have already followed Payplan's internal procedure and can straight then to the Gateway or even the regulators.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Fri Dec 04, 2015 12:45 pm
Just a thought - can HMRC not give you a copy?
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
10 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”