Would backdated job evaluation award be seen as a windfall ?

Get expert opinion. This is the place for new questions to be posted.
10 posts Page 1 of 1
 
 

Shane.hw

User avatar
Posts: 13
Joined: Mon May 30, 2011 7:20 pm

Post by Shane.hw » Tue Oct 13, 2015 6:01 am
hi all,we are in our 6th year of our iva,due to end aug 16.do the creditors complete the f and f at the end of the term,i ask this as i am due an extra £2000 in this months salary,this is due to a job evaluation that goes back to october 2012 thats only just been sorted!!if it was agreed in more timely fashion it would have worked out around £70 per month extra which wouldnt have taken me above the 10% extra you are allowed to earn.i presume this will be seen as a windfall and the 10% plus 50/50 will happen??thanks
 
 

KAYKAY

User avatar
Posts: 1222
Joined: Wed Jun 15, 2011 8:33 pm
Location:

Post by KAYKAY » Tue Oct 13, 2015 7:28 am
I am afraid you will need to seek clarification from your IP. Perhaps you could explain as you have above, that had the payments been paid at the correct time, it would have been yours to keep.
IVA Completed August 2011
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Tue Oct 13, 2015 9:23 am
If it is deemed a windfall you will lose the lot as the 10% 50/50 rule would not apply but if deemed a bonus then you would retain some. However yopur argument is a valid one so take this up with your IP as you should not be punished for the actions of your employer.
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
 
 

Adam Davies

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

Post by Adam Davies » Tue Oct 13, 2015 9:46 am
Hi

Would be good to see it divided by the 36 months concerned and then the 10% rule and 50/50 used but my guess it that it will all be deemed a windfall and payable into your IVA

Regards
Andam Davies
 
 

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Tue Oct 13, 2015 10:24 am
Hi Shane - I would try your best to argue this is not a windfall. It sounds like your employer made an error and this is effectively overtime/bonus so the 10% 50/50 rule should apply.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

heywoodshane

User avatar
Posts: 21
Joined: Tue Sep 13, 2011 3:26 pm
Location: United Kingdom

Post by heywoodshane » Tue Oct 13, 2015 3:08 pm
Thanks for the responses,I have just spoken to my IP and it is classed as an uplift therefore the 10% 50/50 applies.At least we don't lose it all.thanks[:)]
 
 

lifenoteasy

User avatar
Posts: 3248
Joined: Thu Feb 05, 2015 2:26 pm
Location: United Kingdom

Post by lifenoteasy » Tue Oct 13, 2015 3:13 pm
Nice to hear something positive.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Tue Oct 13, 2015 3:33 pm
Not a bad result to be fair. Had you received the increase in 2012 you may have had to up your payments anyway so personally I would be happy with more than half.
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
 
 

kallis3

User avatar
Forum Expert
Posts: 77175
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Tue Oct 13, 2015 3:37 pm
That's good news - a great result under the circumstances.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Thu Oct 15, 2015 9:51 am
Good news. Well done.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
10 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”