I hope you can help. I am a keyworker - a member of Support Staff at a Sixth Form College in Hampshire where recently I have been working more hours and building up overtime. I also have an IVA in place with Payplan and have been earning over my 10% threshold which under normal circumstances 50% of this would be paid towards the IVA. However with the change in the guidance in overtime issued by the government (Paragraph 10.4) due to Covid 19 I would have thought that the change in the protocol would mean I can keep all my overtime pay.
However when I contacted Payplan regarding this they hadn't heard of this so I sent them an email with links to Debtcamel and gov.uk with the supported information and their reply was this:-
"Thank you for you message, the sites to do confirm if you have reduce income or additional expenses then we can can review your payments or additional income.
If you have additional expenses then please let us know so we can review but we do have to comply with the terms of your agreement and to change this would need to be addressed with creditors"
So I rang them up and I had another lady answer in which I explained the situation to her. She did look into this but mentioned something along the lines of having an audit trail to follow and discrepancies if I were to keep above 10% and told me ultimately it would be up to the supervisor to decide if the extra pay (above 10%) would be taken.
I'm not sure where I stand with this as Payplan are not giving me a definite yes or no with this yet the advice given by the government is apparently not discretionary.
Please can you help/advise me as I now have 1 payslip from April with overtime on and another from May 2020 with overtime, a backdated pay rise of 1.5% from September and 1.25% from April and a first aid payment (Annual).
The biggest flaw in the insolvency system is that those of us in an IVA have no recourse to mediation or resolution services when we are at odds with our IP!
All we can do is follow the firms complaints procedures and escalate any unresolved matters to the IPs regulatory body. The regulatory bodies, however, do not intervene directly, nor direct any course of action, but do levy, sometimes quite hefty, financial penalties on the IP involved and, often, the threat of this encourages an IP to re-think. Have a read here: https://www.gov.uk/complain-about-insol ... actitioner
Thanks Foggy, I have clicked on the link to the Insolvency Service and submitted the same questions to them.
As I have overtime in April and May I will send the payslips to Payplan as per the T&Cs and see what happens I'll give them a chance before I complain to the regulatory body. Hopefully they will see sense and it won't come to that!