uplift payments wrong

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anais743

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Post by anais743 » Fri Nov 05, 2010 5:45 pm
Hi

Ive been paying my iva for 20 months. My first review was due in April this year and im still waiting for my first years wage review to be completed (I sent everything in in April with the exception of one payslip which was difficult to get a copy of). I have today been given the bombshell that i have underpaid my uplift for the past 20 months agghh!!

The issue appears to be that i get paid 4 weekly.all my iva proposal's (including this years review document) set 72 monthly payments. The documents include what i can earn each month before any uplift is due with the figure in bold so i dont miss it!. I have stuck to this resolutely and handed my uplift as requested each month.It has now come to light that my uplift threshold should have been lower to compensate for the fact i get paid 4 weekly. (I understand this now but am annoyed that this hasnt been relfected in any of the documenation i have received and that it has only now come to light after 20 months!

I will accept som responsibilty as I havent always sent my payslips monthly but the majority have been (the first 4 months were) and then sent in batches. Ive been told I should have known to work out my own 4 weekly figure but surely thats what i pay the i/p for and surely my documents should be tailored for me individually ( not for me to use as a guide to work out myself)!?

Im now about £600 behind and with no choice but to add this balance into arrears.

any thoughts
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liamjames

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Post by liamjames » Fri Nov 05, 2010 6:41 pm
It should have been raised earlier by your IP- waiting 7 months to do a review is a bit rubbish.

That said, there may have been reasons for this and it is difficult to suggest that your IP has done wrong without all the facts. If your IP originally underestimated your income against the facts available then you would have reason to complain, but it probably wouldn't change the amount owed.

Take care,

Liam
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Liam James
Varden Nuttall
http://www.vardennuttall.co.uk

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Julie

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Post by Julie » Fri Nov 05, 2010 6:47 pm
Hi thedoc,

If you supplied your payslips and told your IP how often you were paid at the beginning of the process, then I agree you have room to complain. What company are you using?
 
 

Shining

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Post by Shining » Fri Nov 05, 2010 7:29 pm
Hi and welcome to the forum. Not good but as Liam says you'll probably still owe the money if you complain so might be best to move forward within your IVA and hopefully see out the duration problem free xx
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

carole2662

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Post by carole2662 » Fri Nov 05, 2010 7:52 pm
My hubby gets paid every 2 weeks so for the review which in our case is every 6 months we send 13 payslips.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Nov 05, 2010 9:41 pm
Surely when the IVA proposals were being prepared the frequency of your salary payments would have been taken into account? And the review should have been completed within two months of the anniversary date, or else who could your IP report accurately to creditors? I am afraid that the money appears to be due, but your IP ought to allow you an ample time to pay and perhaps share some of the responsibility for this unfortunate position.
Regards, Melanie Giles, Insolvency Practitioner
 
 

anais743

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Post by anais743 » Sat Nov 06, 2010 7:26 am
hi melanie

when my iva was prepared my repayments were calculated wth a weighting for my 4 weekly pay but all my susbsequent documentaion including the initial proposal and this years annual review show figures based on monthly repayments.This is what I have worked to for my uplift as is staed in bold what i could earn without having to hand anything over:(

I understand that its due but im its just come as a shock.im hoping that the arrears can just be added on at the end as im not in a position to pay extra across.

The review has been completed in July as I have received a copy of the annual report sent to my creditors but my ip is saying its my wage review that hasn't been finalised. My annual review stated they were waiting on 2 payslips to still be provided (although they had everything else in April). Im just annoyed thats its took this long for them to tell me that something is wrong without even an apology.
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Broke of London

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Post by Broke of London » Sat Nov 06, 2010 9:27 am
Hi, I'm sure you will be fine to tack the payments on to the end of the iva. It is frustrating that there has been this confusion. Would it be possible to call for a variation to allow you to pay in every four weeks?
 
 

MelanieGiles

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Post by MelanieGiles » Sat Nov 06, 2010 10:58 am
I think that if the IP has messed up the calculations, by assuming that you are paid monthly rather than four-weekly, that they should be sympathetic when arranging a way for you to repay these sums. Try and work together on this, and share the blame for the mistake, and paying a few additional payments at the end of the IVA seems to be the most sensible solution if you are unable to make additional payments throughout the IVA.

Moving forward, you will need to analyse your wage-slips every time you receive one and pay the additional funds across to avoid this sort of thing happening again.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Strapped

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Post by Strapped » Mon Nov 08, 2010 12:31 pm
I too am paid 4 weekly and am about to enter into an iva. Although it seems as though your IP has messed my plan is to make the regular uplift payments should they be required but also to make 13 payments per year as that's how many times i am paid. This hopefully will avoid any nasty surprises come review time.
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