IVA Query

[Tink19]

Hi All,

I'm hoping some one can help.

 

My husband has an IVA and has done for 4 years. He regulary sends in his payslips as requested and they calculate how much of his overtime they require as an additional payment. The last time he sent in his payslips he received a letter saying no additional payment was necessary, but he had done quite a bit of overtime. So my query is will they request the amount later on and can they do this ? It's already been 2 months ago.

[citizenB]

I would just put the money to one side in case they do ask for it later on.

 

How long is the IVA for ?

 

I will ask others on the site team if they have any further advice for you.

[Tink19]

Hi thanks for that.

 

He has put the money to one side just in case they do request it, I just wasn't sure if they could ask for it months down the line.

 

His agreement is for 60 months so nearly to the end.

[citizenB]

TBH, I wouldnt have thought so. The agreement is that your husband provide them with the payslips and they request any monies at that time. It is now some 2 months down the line and I am assuming that more payslips have been provided since then (or are these provided say every 3 or 6 months ?)

 

I am thinking that they would have already seen and corrected any error on their part by now.

[Tink19]

That's what I thought, we just wanted to get someone else's opinion and see it had happened to anyone else.

 

He's due to send his next payslips at the end of this month/beginning of next so I guess we'll have to wait and see if they notice then.

[citizenB]

That's what I thought, we just wanted to get someone else's opinion and see it had happened to anyone else.

 

He's due to send his next payslips at the end of this month/beginning of next so I guess we'll have to wait and see if they notice then.

 

I think if they are going to say anything, then it will be at this next payslip check in time. So just keep the money by until then.

 

I am hoping that someone else will be able to offer advice for you as well.

 

I dont think you should be concerned in anyway, it isnt your mistake and if they want the money and ask for it, you have it.

 

As you say, best to get another opinion for your own peace of mind.

[Wintry]

Hi All,

I'm hoping some one can help.

 

My husband has an IVA and has done for 4 years. He regulary sends in his payslips as requested and they calculate how much of his overtime they require as an additional payment. The last time he sent in his payslips he received a letter saying no additional payment was necessary, but he had done quite a bit of overtime. So my query is will they request the amount later on and can they do this ? It's already been 2 months ago.

 

Hi

 

Just going on what you have put

 

The terms of the IVA will have the information regarding additional payments / reviews etc - it may be the case that 50% of any additional income will need to be paid over.

 

If they have used a formula throughout the IVA to calculate similar additional payments then it would be a little strange if they have not done so on this occasion.

 

He could try contacting them to be sure as a dispute later down the line may result in the completion of the IVA being delayed.

 

It may also be a little difficult to argue a case if it has been the norm for them to calculate extra payments if you see what I mean as these things can work both ways.

 

IVAs are not set up to be charitable to the person in debt and the IVA company or IP is duty bound to raise the money as by the terms of the IVA.

 

Im not defending the IVA company (Im not known to do that very often) but we are all human and this could be an error or mistake that they may pick up on later or at the end of the IVA.

 

If they do at a later date ask for any monies due under the terms of the IVA then as I have already said it may be difficult for your husband to argue against this however IVA companies do have complaints procedures and a regulatory body so it may be worth exausting these procedures if he thinks he has a case.

 

I think citizenB is right to say that it would be a good idea to put a sum aside based on the terms and conditions of the IVA and previous calculations as then he is covered at the end of the IVA either way.

 

Always best to keep a record of contacts and any documents relating to the IVA for future reference.

 

It may also be worth getting another opinion from an independent agency.

 

His decisions at the end of the day

 

I hope this helps some and that the IVA is properly concluded on the expected completion date.

Edited March 16, 2013 by Wintry