additional payments before entering IVA?

18 posts Page 1 of 2
 
 

j.ct

User avatar
Posts: 38
Joined: Fri Dec 28, 2007 2:25 pm
Location:

Post by j.ct » Fri Dec 28, 2007 2:26 pm
Can an IP request additional payments for the period before a person entered into an IVA?
 
 

Cybus

User avatar
Posts: 392
Joined: Fri Jul 13, 2007 7:44 pm
Location: United Kingdom

Post by Cybus » Fri Dec 28, 2007 2:33 pm
Short answer - No

Additional payments received prior to entering in to an IVA are yours. You can of course offer them if you so wish

Tell it like it is.
Tell it like it is.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Fri Dec 28, 2007 2:41 pm
I don't understand the question here - could you clarify please?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

j.ct

User avatar
Posts: 38
Joined: Fri Dec 28, 2007 2:25 pm
Location:

Post by j.ct » Fri Dec 28, 2007 3:55 pm
My yearly review has just been carried out by my IP. They are requesting that I pay a sum of money for the tax yr 2005-2006. Which is before I entered into an IVA. If I do not pay this according to them I will be breaking the terms of my agreement. As according to them its my responsibilty to have the relevent funds to pay this. I entered into my IVA in late 2006.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Fri Dec 28, 2007 3:58 pm
Is this for a tax repayment due to you now relating to that year? And have you received the money from HMRC? If so then your IP is correct, as this would be deemed to be a windfall in the IVA.

I think that Cybus must have misunderstood your original post.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

j.ct

User avatar
Posts: 38
Joined: Fri Dec 28, 2007 2:25 pm
Location:

Post by j.ct » Fri Dec 28, 2007 4:09 pm
Never had a tax repayment. Or due any that I know of.

So slightly confused in what they are trying to do.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Fri Dec 28, 2007 4:47 pm
So what does this sum of money actually relate to?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

j.ct

User avatar
Posts: 38
Joined: Fri Dec 28, 2007 2:25 pm
Location:

Post by j.ct » Fri Dec 28, 2007 5:04 pm
According to my IP I had earned more than my stated salary that year.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Fri Dec 28, 2007 5:20 pm
Sorry - but I really do not understand what you are being asked to do here. Are you salaried or self-employed? And where has your IP got this information from about your increased earnings, and are they correct? If so, why did you disclose your income to be lower than you had actually received?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Fri Dec 28, 2007 5:44 pm
Hi
This money was earned prior to April 06 and you started your IVA late 2006.........correct ?
If so then your IP can't ask for that money unless it was received after your IVA was commenced.
Why is your IP reviewing 2005/06 tax year ? surely they should be looking at 2006/2007 wage slips ?
Many reviews are carried out by office staff and if you have sent in the wrong years P60 they may not have noticed.
I suggest you ask the question why are they looking at 2005/6 info ?
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

Cybus

User avatar
Posts: 392
Joined: Fri Jul 13, 2007 7:44 pm
Location: United Kingdom

Post by Cybus » Sun Dec 30, 2007 8:37 pm
My interpretation of this particular opening post was this

J.ct entered in to an IVA part way through a tax year. At the end of that tax year his P.60 showed a higher income than was stated in his proposal. I have assumed that at some point earlier in that tax year and prior to entering into an IVA, j.ct had received a bonus of some description. Now on reviewing his P.60, the administrator handling J.ct's affairs has quite rightly noticed that the salary shown is in fact higher than stated in the proposal, but that same administrator has failed to properly investigate further and question J.ct and ask when that additional income was received. I suggested it was not to be paid in to the arrangement on the basis that it had already been earned prior to J.ct entering in to an IVA.

That was my interpretation, which was admittedly an immediate one, without asking for further clarification. Having considered subsequent posts, I am still of the opinion that additional payments are not due, though for the reason that those additional payments were clearly received in a tax year prior to the IVA being approved.

I would follow up on Andy's suggestion and ask why the 2005/06 year is being reviewed.

Of course, if you, J.ct are self employed, then that is a whole different kettle of fish and if in fact a refund of Tax is due, it could either be offset against any Crown liability or if it is refunded, then as Melanie suggests, the monies DO have to be paid in to the IVA as a windfall.

So the question at the moment as asked by Melanie ... Are you employed or self employed?

Tell it like it is.
Tell it like it is.
 
 

j.ct

User avatar
Posts: 38
Joined: Fri Dec 28, 2007 2:25 pm
Location:

Post by j.ct » Sun Dec 30, 2007 9:03 pm
I am employed. Was asked to provide copy of last 3 wage slips and P60.
I have been in contact to find out why they are asking for monies for the tax year 2005-2006. Was told some one would phone me back on Friday as of yet no call.
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Sun Dec 30, 2007 9:09 pm
Hi
Did you send in 2005/6 instead of 2006/07 P60 ?
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

j.ct

User avatar
Posts: 38
Joined: Fri Dec 28, 2007 2:25 pm
Location:

Post by j.ct » Mon Dec 31, 2007 12:56 pm
The copy of the P60 I supplied to them was for 2006-2007 as per their request.
I have double checked as scanned it to computer before printing out to send to them.
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Mon Dec 31, 2007 1:21 pm
Hi
I am a bit lost on this one.
I am now presuming that you had some type of additional payment that was earned in 2005/6 but paid in 2006/7,if this was paid to you after your IVA was agreed then it is due.
Can you clarify ?
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
18 posts Page 1 of 2
Return to “new postings for December”