I hope one of the experts may be able to help.

[plasticdaft]

I think an IP has a duty to realise as great a return as possible for creditors.

Paul

[Broke of London]

They do. I wouldn't have thought that gave them licence to propose variations of their own though. You wouldn't expect a solicitor to distribute an estate at their own choosing because they don't like the will. The IP and the creditors messed up and Poppy is one of the lucky ones as i see it. The creditors may spot this along the line and request a variation - but they probably aren't paying that much attention.

[MelanieGiles]

Simple - if the clause is not covered off within the proposal then Poppy does not have to pay over any additional money, and the IP should not be asking for it.

One word of caution though Poppy - do check your Chairman's Report as well as the proposal, as if the IP did not included it at the time the proposals were drafted it is very likely to have been modified in by way of creditor resolution - which you would have had to have agreed to at the time of the original creditors meeting.

[poppy6]

Thanks for all your advice. I have checked the chairman's report and again no mention of overtime payments. I will dispute about repaying retrospectively but can this be amended going forward?

If I should be paying it going forward I will, just want to do whats right! Many thanks.

[poppy6]

I have tried disputing having to pay retrospectively but to no avail. Apparently it is not relevant that it was an oversight when my IVA was arranged and that the clause is not in our proposal or chairmans report. The overtime clause is incuded in the standard conditions for IVAs booklet so I cant dispute it.

[Foggy]

One thought, check also that it hasn't been included "by the back door" by virtue of a reference to the Standard Conditions of the Protocol.

In any event, it's always worth getting a definitive answer from your IP, after making your representations.

[lem]

That doesn't seem right to me, legally, you would not be in breach of your agreement by not paying over any extra overtime earned so I don't see how they can enforce it to be honest, if they forgot to include it in you agreement that's not your problem, irrespective of the standard conditions, they're forgetting what the 'individual' part of IVA means

[poppy6]

I'm afraid to complain too much or escalate to the IP in case I get a default against me or, worse still, they fail my IVA!

[Broke of London]

Unless they can show you in black and white exactly which clause in either your proposal or chairman's report gives them authority to capture a % of your overtime, they have no right to any of it. Stand your ground on this. And demand to get a definitive answer in writing from your IP; you may be speaking to someone who has learnt standard conditions by rote and doesn't know how to deal with non-standard ivas.

[Foggy]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by poppy6

I'm afraid to complain too much or escalate to the IP in case I get a default against me or, worse still, they fail my IVA!

Don't be afraid to ask --- you are not (yet) complaining --- you just want a point clarified. There is absolutely nothing wrong with that. Your IP is there to aid you through this process.

[poppy6]

Can I just clarify please. In other peoples proposals does it refer directly to the overtime clause on the proposal or does it jusr refer to "Standard Conditions for IVA's as published by the Standing Committee of the IVA Forum"? Thanks

[sponge]

Unless you had that standard conditions IVA booklet (whatever that is?) attached to the proposal or made reference to it within proposal you are contractually bound by it.

I would stick with Melanie on this one she knows a thing or to!

[sponge]

Try agin

Unless you had that standard conditions IVA booklet (whatever that is?) attached to the proposal or made reference to it within proposal you NOT are contractually bound by it.

I would stick with Melanie on this one she knows a thing or to!

I've just looked it up I'd be suprised if you have had that document, that's just for the preperation and standards (a quality control document if you like) For IP and their firms, not for us punters, least that's what It looks like to me.

[Foggy]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by poppy6

Can I just clarify please. In other peoples proposals does it refer directly to the overtime clause on the proposal or does it jusr refer to "Standard Conditions for IVA's as published by the Standing Committee of the IVA Forum"? Thanks

Overtime in my proposal is dealt with in my "Outline of Proposal", and says, "I undertake to advise the supervisor immediately of any exceptional income which I receive, of which I will pay in 50% into my scheme fund."

As well as this the first paragraph to the Outline states, " The proposal means this document, including Standard Terms and Conditions for Individual Voluntary Arrangements ("the Standard Conditions) together with any amendments that may be made thereto ..... "

Appended to the Proposal is a copy of the Standard Conditions, in my case, those dated January 2008.

In those conditions it states, " You must inform the supervisor at any time that you are in receipt of additional income. You must come to a satisfactory arrangement with the supervisor as to what increased amount should be paid into the arrangement."

So -- if there is no mention of overtime in the proposal or chairman's report, but it refers to the Standard conditions, overtime must at least be reported, although the Conditions I have a copy of do not specify in any way how the overtime is to be dealt with otherwise. In my case, however, that is spelt out in the proposal itself.

[sponge]

Mine just states 50% of any increase of overtime or bounus over my net income.