Payments ended in January, today they have called to say we owe £400

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Anna.da
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by Anna.da » Thu Apr 12, 2018 5:43 pm
Our payments ended in January and we are waiting for our completion certificate. For the majority of the 6 years we had a really good supervisor and had no problems. Our supervisor retired and another company took over the IVA last October, and they are currently dealing with our completion. There's been various issues with completion, but the final and most frustrating is today they have called to say we owe £400. I'm furious, as you can imagine! We have always been upfront and honest, we have told them about every change in circumstance. The error comes about from my honesty! We paid an extra payment in 2012 to cover a tax credits refund we received which was classed as a windfall. When the new company took over last October i asked them to confirm in writing what the final 4 payments where that we owed, as i was aware that we had underpaid a couple of months when i was unemployed. They incorrectly added the 2012 windfall as a monthly payment therefore they are now telling us we are £400 short and holding us to ransom (there words on the phone where, 'everything is complete, i just can't send your certificate until you pay this money') I know there is probably no other option but to pay it, but i am so cross, that after 6 years of us doing everything by the book, and even asking them to confirm the final payments that they can now do this. Is there anyone i can complain too? I have the e-mail to show it is their error, i just don't feel i can just let this go after all the money we have paid in and they will have received a portion of that money and now we have got to find a sum of money that we simply haven't got!! Also, out of interest, what would happen if we didn't pay it? Would the IVA fail even though it is their error? i have asked for a copy of our accounts so i can double check their figures i'm not sure if they will let me have them but i certainly don't trust their adding up!! Thanks for your help.
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Foggy
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by Foggy » Thu Apr 12, 2018 5:54 pm
Even though this is their error the money is properly due to the IVA and they are entitled to withold completion until it is paid. If you simply refuse to pay it, yes, the IVA could still be failed. You should make a formal complaint to the company through their internal complaints procedure --- you can then escalate this to their regulators via the government gateway here: https://www.gov.uk/complain-about-insol ... actitioner

If the regulators uphold your complaint they will issue a reprimand and maybe a fine to the IP ... they will not intercede in the case or alter anything the IP has done.

You are entitled to see the firms accounts of your case, so, hopefully, these will be forthcoming.

The only ray of hope I can offer is that, as the error is theirs in incorrectly reporting the position to you, they could give you the chance to pay this amount over a couple of months. However, my guess is that they will hang on to the completion certificate until this has been done.
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