Document requests after final payment

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Philpip78
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by Philpip78 » Sun Sep 10, 2017 8:58 pm
I'm with Payplan and have just made my final payment.

I have now received an email for a pay slip and a P60 going back over 12 months (not a huge problem).

The big kick in the butt is they are now asking for proof that my partner was unable to get additional hours, going back to 2015. We did submit a letter and a statement (which they now have no record of) but she has spoke to her employer and they are not able to provide a retrospective letter for 2016.

All I can do is argue that it would have been impossible as daytime hours were not available (she works in a supermarket and those hours are like unicorns) my job for most of that period required me to be on call.

I have also suffered the changing staff at Payplan, to the point of being told that they could not access emails of employees who have left.

Any advice on what action I should take? I feel like they have been negligent.
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luluj
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by luluj » Mon Sep 11, 2017 12:28 am
I presume you have trawled your sent items to Payplan ?

I personally think it is unreasonable to ask for this now relating to 2015 as your annual reviews will have been carried out and signed off.
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Foggy
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by Foggy » Mon Sep 11, 2017 6:58 am
The fact that her P60's show no additional pay shows she did not get additional hours. As Luluj says, I think it unreasonable to ask for proof at this stage that she did try especially given that you did supply what they require and they have lost it. On balance, taking into account that they cannot access old staff information (due to their own incompetence) where this info might lie, they should give you the benefit of doubt.
Philpip78
Posts: 6
by Philpip78 » Mon Sep 11, 2017 7:53 am
Thanks for the replies.

The bigger thing is my partner is not directly on the IVA, it is solely in my name.

I will keep this updated with my progress.
redboxtree
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by redboxtree » Mon Sep 11, 2017 11:56 am
They have a responsibility to maintain true and accurate records.

Failure to access records to that extent would suggest that they should be reporting it as a data breach to the Information Commissioner.
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Michael Peoples
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by Michael Peoples » Mon Sep 11, 2017 12:26 pm
Your partner has no obligation to provide any information to your IP anyway. You cannot make her provide the paperwork and as such it should not directly impact on your IVA as the demand is way beyond your control. Personally I would ask the IP why they have been demanding personal financial information from your partner for all this time. In fairness to her she has been more than obliging but was she ever told by your IP that she did not have to do any of this?
Philpip78
Posts: 6
by Philpip78 » Mon Sep 11, 2017 1:03 pm
Thanks Michael,

It was put in as a condition that she seeks full time employment once the children were at school full time.

She did try, but the hours on offer were only evenings and, with me being on call or working away regularly, child care would have been complicated and expensive.

This has made me really nervous seeing my final payment has already gone and I should be done.
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Michael Peoples
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by Michael Peoples » Mon Sep 11, 2017 2:15 pm
She clearly 'sought' full time employment and this does not mean she has to find any! You should go back to your IP and advise that you have complied with all your obligations under the IVA and as such expect that your IVA will be closed down. In addition, your partner who has no obligation to the IVA anyway, has provided information which has been lost or mislaid and given that she had nothing to do with your IVA this could be seen to be a serious breach of data protection.

Send your letter directly to your IP and forget about call centre staff. Detail what you said in your posts about changes of staff, lost emails etc and see what the IP themselves has to say. You can find your IP's email address below;

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

You could ask for a copy of their complaint's procedure but if the IP just closes the IVA down and leaves you to get on then personally I would be happy at that.
Philpip78
Posts: 6
by Philpip78 » Thu Sep 21, 2017 4:37 am
Ok, so the plot has thickened as they say.

I now, nearly 1 month after my final payment, and after my 1 year in lieu of equity, owe nearly £2000 into my IVA.

I am at a complete loss how this can be. I changed jobs during this period (which I obviously discussed with them) and had an annual review where my payments were adjusted.

I am an absolute wreck! 7 years and now this!
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bridgey
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by bridgey » Thu Sep 21, 2017 5:31 am
Unless this job change has happened within he last year, which it doesn’t sound like is the case, I don’t see how you can owe £2000

Each annual review would have been signed off, and my understanding is that is ‘closing’ that years Accounts.

Have they said how they got to this figure and provided calculations?
Philpip78
Posts: 6
by Philpip78 » Thu Sep 21, 2017 5:45 am
No, they are 'looking into it' but I have asked it be passed up the chain as per their complaints procedure.

It feels like a ploy to extend my agreement even further but that could just be me being cynical. All of this goes back 12 - 18 months.
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bridgey
Posts: 113
by bridgey » Thu Sep 21, 2017 5:55 am
Philpip78 wrote:
No, they are 'looking into it' but I have asked it be passed up the chain as per their complaints procedure.

It feels like a ploy to extend my agreement even further but that could just be me being cynical. All of this goes back 12 - 18 months.


Ok... you’re doing the right thing. Stay strong... you’ve got this far - don’t let the B’s get you down!!
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Foggy
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by Foggy » Thu Sep 21, 2017 6:41 am
Hi Bridgey. I am afraid that each annual review isn't "signed off" and finished with --- they are all revisited at the end to make sure nothing was missed ! This causes problems where a verbal agreement was made and never noted down at their end, for instance.

Anyway -- they cannot just claim that this money is owed -- they have to explain where the discrepancy has come about -- it shouldn't need "looking into" --- to have arrived at that conclusion they must have already made the calculations and be able to explain them to you. If not, they are just pushing their luck.
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Michael Peoples
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by Michael Peoples » Thu Sep 21, 2017 9:15 am
If you did change jobs and earn a higher salary then this money is dealt with at the annual review going forward. It is possible that your IP is calculating the extra money from this job change under the 10% 50/50 rule so double check the figures and ask for a complete breakdown.
Philpip78
Posts: 6
by Philpip78 » Thu Sep 21, 2017 5:01 pm
Yes, they have back-dated my payrise from my annual review (February) to when I changed jobs the previous September.

I challenged this but was told that an annual review was a review for the coming year, not a review of the previous year, and this was separate to a P60 review. Also they did not enter the new info when I notified them of the change of job but seemingly that is my fault. They also didn't update it based on the payslips I submitted.

I have argued the amount down by £600 but am still disgusted that they have accepted no responsibility. I'm reluctant to argue it further in case they find another error on their part that costs me money!
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