Last review with Payplan

[louise492]

Hi All
We have spoken with Payplan regarding the last round up of payslips etc. I had posted a topic a while back regarding me succeeding in a full time job after our youngest starting school (Ideally I wouldn't of before the end of IVA but a job came up in my role)

Anyways Payplan got in touch regarding our final review etc we are in an interlocking IVA

My Husband's is due to end 11th Feb and mine 11th March. I sent my last 3 months wage slips (2 being full time wages) and sent husbands last 12 weeks payslips.

They have come back & said I need to pay £538.01 & husband to pay £616.06. Which shocked me as I expected some but not £1154.03

Anyways if they say we have to pay we have to pay it. Now my questions is we have saved so so hard to put aside for this occassion so if we ring up & pay it will they question how we got the money? If we say we saved it will they question why we never handed it over? I mean we have cut back kept some from my extra wages etc.

Thank you in advance

[Foggy]

My reply to your previous post on this topic was:

"Assuming you have the usual clauses (and all will be revealed with a good read of your paperwork) a permanent pay rise is not taken into account until the annual review follwing the rise and any increase added to the regular payments following the review. All of the extra money between getting the increase and the review is yours. You do need to inform the IP when you get the increase though, or he / she will think the extra is overtime and will take around half right away.

I have to say that some proposals have this clause omitted and some IP's have, in the past, tried to ignore it when it was there -- but have backed down when it has been pointed out. So, do check your own paperwork."

If you have this clause ask Payplan why you have any extra to pay at all. If you do not have this clause then around half of the extra income is due to be paid over.

[louise492]

Hi Foggy

I have dug out my paperwork and this is what is stated..

"A full review of income and expenditure will be undertaken annually, this must include a copy of the debtor's latest P60 together with payslips or bank statements evidencing receipt of wages for the 3 months immediately prior to the review. In case of a self employed individual the Supervisor will obtain a copy of the latest accounts submitted to HM Inspector of Taxes. The Supervisor will determine whether increased contributions can be made and any increase must commence in the month following the review. In addition to the proposed monthly contributions, the debtor will be solely responsible for paying 50% of any additional income above that quoted in the proposal. These payments do not need to be paid monthly provided the total amount is paid before each anniversary. If additional income has been received but not paid into the arrangement as above, the Supervisor must immediately issue a certificate of non compliance unless he believes a further creditor's meeting should be held. Any such meeting must be convened within 30 days of the review."

[Foggy]

Hi Foggy

I have dug out my paperwork and this is what is stated..

"A full review of income and expenditure will be undertaken annually, this must include a copy of the debtor's latest P60 together with payslips or bank statements evidencing receipt of wages for the 3 months immediately prior to the review. In case of a self employed individual the Supervisor will obtain a copy of the latest accounts submitted to HM Inspector of Taxes. The Supervisor will determine whether increased contributions can be made and any increase must commence in the month following the review. In addition to the proposed monthly contributions, the debtor will be solely responsible for paying 50% of any additional income above that quoted in the proposal. These payments do not need to be paid monthly provided the total amount is paid before each anniversary. If additional income has been received but not paid into the arrangement as above, the Supervisor must immediately issue a certificate of non compliance unless he believes a further creditor's meeting should be held. Any such meeting must be convened within 30 days of the review."

The section in red applies to permanent pay rises and that in blue applies to things like overtime, bonus payments etc. which are described as additional income

Just by going on what has been said in this post my feeling is that this money is based on permanent pay increases ( not bonuses or overtime) and, therefore is yours. If I have mis-read it and the money is from overtime or bonuses, or the like, then half of it is due. Ask them to provide a written, detailed, breakdown of where they think this money is due from.

[louise492]

Thank you Foggy for your reply. I have emailed Payplan to ask for a breakdown.

[louise492]

Well coming back to this topic

What a mess it is after questioning the amount we received an email with a different amount again.

When I asked for confirmation of which amount we were to pay, we were told it would be sent to a team leader. After numerous calls trying to chase it up,being promised a call each time on the following day with an update, to be then told yesterday the team leader had been off sick and it was not passed to anyone else. I informed them if I did not have a call by 1pm today I would be forced to now make a formal complaint.

Well I got my phone call to be told after looking into it, my amount has gone up by £1010.11 to £1548.12 and other husband's by £1136.61 to £1752.63, yeah so big shock!! (Husband was due to finish today) Looks like our end is not in sight yet!!!

I am now asking the experts if we extend for a short period of time while we get this cleared, when we finish paying these amounts will be told of in this time we may have earned more and be looked into again for another check?

I hope this makes sense as a day we have waited 7 years for has now be the worst day!

Louise492

[Foggy]

OK -- so you have been given revised figures ...... Have you been given a detailed breakdown of their calculations and an explanation as to where these, supposed, arrears have arisen ?

[louise492]

OK -- so you have been given revised figures ...... Have you been given a detailed breakdown of their calculations and an explanation as to where these, supposed, arrears have arisen ?

Yes we had to provide another payslip each and they have done their calculations from year to date information. My husband most weeks earned a little more than budget and I have in the last couple of months due to going from part time to full time.

What I am worried about is that if it takes us 5 months to pay this extra off will they say within that time we need to pay even more due to more earnings aswell? We pay our payments weekly so do these have to continue each week also, if so are they to be deducted from that amount?

Thanks Foggy
Louise492

[Foggy]

If they agree that the arrears can be covered by extending the IVA then you will still be bound by the terms agreed and will need to pay in extra income, over and above the base line income (which it appears that you might not have been doing). The extension should be of a term suitable to cover these "arrears" and the extra should be payable as and when you get it, NOT as another lump "owed" at the end. Payplan should be keeping track of this and telling you for each payment you make to the IVA, how much extra you should (have) been paying.