Is there any way I can keep any of my back pay from work?

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Iandt71

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Post by Iandt71 » Mon Nov 24, 2014 7:12 pm
Hello, I am entering into the last year of my IVA.I have received an offer of back pay from work of 9.000, my existing IVA debt is 14.000, is there any way I can keep any of this money.
 
 

Foggy

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Post by Foggy » Mon Nov 24, 2014 7:26 pm
Ask the company if they would hang on to it for a while. As back pay it could be argued that, had it been paid when it should, it would have increased your disposable income and been paid in over the term so far, so should now be paid in.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

doritos

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Post by doritos » Mon Nov 24, 2014 9:30 pm
Simple one, ask the company to pay it out at 9.9% of your wage over a period of months..

you're welcome.. :)
 
 

luluj

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Post by luluj » Tue Nov 25, 2014 4:11 am
If you receive it now in a lump sum it will all go as a windfall.

If your employer will pay it in monthly amounts then dorito makes a good suggestion.

Otherwise foggy is right - explain and ask them to keep hold of it.
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

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Michael Peoples

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Post by Michael Peoples » Tue Nov 25, 2014 10:08 am
In my opinion it depends on the perios the money was paid for. Any award for pre IVA would be a windfall as the underpayment of wages contributed towards the debt. Any payments for post IVA could be treated under the 10% 50/50 which would work in your favour although some may argue the money to also be a windfall.

Not cut and dried and some good advice above.
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
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