www.iva.co.uk

Hi, hope everyones well!
Just wondered if anyone can help. I have just had my review and was shocked to learn as part of the process, they said our April wage was outside the overtime limits and as we hadn't paid over the extra, they have issued a breach. Heres the problem, firstly both myself and wife started new jobs in April and requested an interim review, at the guidance and advice of our IVA company, they asked us to send in wage slips and an updated I & E form as soon as we were in recepit of our wage slips. We received our wage slips on the 30th April, I completed the I & E and sent the wage slips on 30th April, the wrote back on the 4th May and said they'd done the review and as a result our payment would increase from 01 june by £86, that was the end of the matter.
We then sent in April, May and Junes wage slips etc....for our annual review in July. They now state retrospectively that as we'd not notified them until the 3rd May, aprils overtime rule would have applied and as such have to pay £315. I have argued that in April we had the extra expenses associated with our new job, and therefore the new expenditure would have applied against the new income (fuel, childcare etc)and therefore surley they cant use and benefit from the new wage and the existing expediture to the creditors benefit??? We sent the documents in as soon as we could, and this was accepted and acknowledged in our Interim review.
Also, the £315 was derived using our net pay, which consisted of an additional payment for excessive business mileage (an additional expense on my wage) and my wifes new net pay also include a weeks worth of Marchs wage as she started in the last week of March. I have pointed this out and they removed the business mileage and reduced the amount to £235, but never acknowledged my wifes wage issue.

Thanks steve.

I tend to disagree with your IP because changes in jobs are usually dealt with at the annual review stage and do not come under the overtime banner. This is not retrospective and certainly should not be dealt with by a breach which is very heavy handed.

I hope you have spoken directly to your IP and got from them the answers and if in doubt make an official complaint and insist that the breach is removed.

Thanks Michael,

I have spoke to the company concerned and they won't let me speak to the IP. I have been in my IVA 3 years and have never spoken to her. I once bypassed them by getting her email address and she just forward it on to the understudies!!

I have asked for the companies complaint procedure and will be asking for the breach to be removed. Should I address the complaint to the IP directly, I assume all her post is vetted before hand? I'm just concious of the timescales as I have 30 days to remedy the breach, and the breach was issued 01/08 and I still haven't even received it yet as all their post is sent second class!

Thanks, Steve.

Email your IP directly via this link

http://www.insolvencydirect.bis.gov.uk/fip1/

Insist that you either speak to her or she emails you back.

Which company are you with Steve?

Hi Niobe, I will speak with her directly. To be honest I haven't NEEDED to speak to her directly before, as everything has eventually been sorted out. But I think this will need her attention. I'm with CCCS.

Thanks.

Hi Steve,

You do need to speak to her about this. I would keep badgering until you get somewhere!!

will do thanks

Hi

Very heavy handed and totally unfair in my view. Talk about a sledgehammer to crack a nut !!

Do not let this rest.

The CCCS monitor this forum and contact me when they are not happy about certain aspects so let's hope it can work the other way and they pick this thread up and act upon it

Regards

Doesn't make sense....you clearly informed them in a timely manner but they appear to failed to act timely.....insist on speaking to our IP and if you have to raise it further!

I will let you know the outcome. I'm just waiting for the paper copy of the breach before I contact them!

I'd be contacting them before that arrived on my doorstep.

Steven I agree with Niobe I would not be waiting to see it in black and white as every day is a day lost and there is a time limit to sort out the breach - good luck and keep us up dated please

I'd be with Niobe on this one.

Mel will be mortified to read on here that another IP will not speak to a debtor. I believe you have every right to insist on speaking to them and from whay you have said on here you have notified them of everything on time.

Hopefully as Andy says they will contact him and this can be sorted quickly to avoid their embarrassment.

Breach has arrived this morning....2nd class!! Think I will email the IP directly!!! so she gets it first thing Monday.

I would do the email and then phone up on Monday morning and insist on speaking to her - you have a right to speak to your IP directly and your treatment from CCCS is not good.

As Andy says - they have posted on here before so hopefully will pick up on this.