10% and 50% of Overtime Question

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sarahp

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Post by sarahp » Wed Nov 11, 2009 6:06 pm
Correction £15000 (sorry)
 
 

MelanieGiles

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Post by MelanieGiles » Wed Nov 11, 2009 11:08 pm
I can understand how you feel about your current situation, but the reality of being in debt and addressing this via an IVA, is that you pay as much as you can afford to over the period of the IVA.

Do make sure, however, that your IP is entitled to claim the additional monies - and get them to point this out to you in the proposal documents if necessary.
Regards, Melanie Giles, Insolvency Practitioner
 
 

sarahp

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Post by sarahp » Thu Nov 12, 2009 10:23 am
Well, the contract says that any overtime or Bonus above my basic needs to be divided between me and the IP by the discussed percentage. It does not talk about pay progression or change of job, so i think that as £1700 is my basic it shouldnt count. IP says that as £900 was my basic when i started the IVA then it will be that they count as the basic. It does not say that anywhere in the contract. Do you think it is worth seeking legal advice?
 
 

MelanieGiles

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Post by MelanieGiles » Thu Nov 12, 2009 10:02 pm
I am inclined to agree with your IP, but there is no harm in getting a legal opinion if you feel you are being unfairly treated.
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kallis3

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Post by kallis3 » Thu Nov 12, 2009 10:23 pm
I was always under the impression that payments were based on the basic pay at the time of the IVA, and then at subsequent review, so it your pay went up and your expenditure didn't, then you paid that across.

I agree with Melanie that your IP is correct.

The object of an IVA is to pay back as much as you can. If this means you can pay back 100% plus fees, or as near as damn it, then good for you.

I wish I could do that.
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Dunspendin

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Post by Dunspendin » Sun Nov 29, 2009 9:08 pm
As I understand previous messages in this forum.. If I earned £1500 per month at the start of my IVA and now receive fairly regular but dissimilar payments of up to £100 per month, there would be no requirement to declare them.

Should it be shown that they, for example, averaged £90 or so per month over a 12 month period, would the following year's basic be increased to 1590 per month so that there would be no advantage in working extra to benefit from them?

The same question another way. I earn £1500 per month in the first year and six months into the IVA, I manage to gain up to but no more than the 10% (£150) extra fairly regularly. My 10%/50% aggreement says I can do that without penalty, so it gives me a small leeway against a very tight budget. The second year commences and continues in a similar way - so I maintain a small leeway once again.

If, however, I was obliged to declare ANY additional income (even withing the 10%) and this was added to the £1500 basic, I would lose out in the future - ie, the "bonus" would have been absorbed into the basic and I would be no better off.

It is an incentive to be able to have a 10% margin and I would be more than happy to be able to exeed the 10% and hand over 50% of the difference - it is money that I owe them after all. It would be a dis-incentive, however, if the following year the basic was increased to the current year's "extra" so that in effect, my nett income dropped again.

Any idea how this situation would be addressed?
 
 

kallis3

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Post by kallis3 » Sun Nov 29, 2009 9:26 pm
Hi, and welcome to the forum.

Overtime and bonus payments are always governed by what is in your proposal and/or chairmans report. Some posters have 10% plus 50/50 and others have a straight 50/50.

Personally, regardless of what is stated, any extra money that is earned, I would tell you IP about and then you are covered.
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.
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MelanieGiles

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Post by MelanieGiles » Sun Nov 29, 2009 11:56 pm
It is difficult to advise posters on specific case related points when we do not have access to the full information about their cases. It is usually better to ask these questions of your own IP, but do come back and let us know the outcome in your particular case.
Regards, Melanie Giles, Insolvency Practitioner
 
 

melstel

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Post by melstel » Sat Jan 02, 2010 2:19 pm
I don't receive any overtime at all, but I do have a qtr bonus scheme, some qtr's I get a bonus and others I don't. Would the 10% - 50%/50% rule apply on my monthly take home on the given qtr that the bonus is received, or would it be worked out on the annual income?

I have not entered into an IVA yet, but am considering it and would like to know where I stand if I do.

Thanks
Is an IVA right for me...?
 
 

kallis3

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Post by kallis3 » Sat Jan 02, 2010 2:28 pm
Hi

You would probably be expected to pay across the the 10% then 50/50 towards an IVA.
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.
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melstel

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Post by melstel » Sat Jan 02, 2010 2:52 pm
Thanks Kallis, but is that 10% of my monthly salary or 10% of the 3 months?
Is an IVA right for me...?
 
 

kallis3

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Post by kallis3 » Sat Jan 02, 2010 3:09 pm
Depends on your proposal/Chairmans report.

I am allowed to earn 10% of my normal take home pay, and anything over that is shared 50/50 with my IVA compamy.
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
 
 

MelanieGiles

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Post by MelanieGiles » Sat Jan 02, 2010 4:28 pm
The calculation is done on the basis of what you actually receive during each month. So if you were to receive a bonus during a particular month, the 10% would only be allowed on that month's salary and not accumulated over three months or more.
Regards, Melanie Giles, Insolvency Practitioner
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