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| T O P I C R E V I E W |
| SKA |
Posted - 09 March 2009 : 18:19:07
Hi,
I went bankrupt in April 2008, at the time due to my job needs I was allowed to keep a car on HP. Even though the car's costs were allowed the OR's dept failed to produce the paperwork to the HP co and they collected the car. When I spoke to the examiner regarding this they said it would be okay to take out another, which I did at the same costs. As I had no extra income left over it was decided that a nil tax code would be applied to my earnings and I would not have to make any income payments. In Aug 2008 I changed jobs and informed the OR even though my salary hadn't changed. I was sent an income expenditure form a week ago and have now been informed that they will expect IPs to be set up. When I spoke to someone in the admin department they said the examiner noted that I didn't work at the time of the bankruptcy (which is not true as I had to provide my employer's details and pay slips) and as my current job started after my bankruptcy they could not apply the nil tax code. Also, they dispute the case about the car and say that they will not take into account the £300 HP per month. I explained that when I originally spoke to the examiner we looked at train costs and these were higher. I've been told to put my case in writing, but am very worried. It seems the case was not handled correctly and now whatever was decided is going to be changed - can they do this? I would very much appreciate advice on where to go from here. I want to know that if I gave up the car and claimed train costs (which are 30 per day) would I be able to keep the income. I would prefer keeping the car as it keeps the costs down, but should I go down the public transport route so that I won't have to pay extra money which I really cannot afford. Also does changing jobs make such a difference? Please help. Thanks, Sonia
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| 1 L A T E S T R E P L I E S (Newest First) |
| Melanie.n |
Posted - 09 March 2009 : 18:40:07
I would go through to either the official receiver or the assistant official receiver and state to them what you have stated here on the forum. There seems to have been a big breakdown in communication on your behalf with the examiner and the file and you need to get this resolved, it is unfair that you get penalised because the exainer failed to act correctly or make appropriate notes. Sadly error do occur, but you do not have to live with the consequences - the examiner is accountable to his assistant official receiver and ultimately the official receiver - go through on the phone and state that you want to make a complaint, if you do not state that you are likely to end up speaking to the admin clerk which will be of no use to you whatsoever - ensure you speak to the AOR or OR.
Please let me know how you get on, and if I can be of any further help please come back to me
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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