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 postings from 2007
 IPA, thought this would end in Oct 2007

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T O P I C    R E V I E W
k_h Posted - 08 July 2007 : 05:49:05
Hi my IPA arrangement started in October 2004 and I've had changed, one recently where payment has gone down and I thought this would end in Oct 2007 but had a letter for clarke willmott who say i've still got 16 months left, l have missed payments but not that many! and also been reading some sites that say the IPA cant extent 3 years from time it was made? should i contact the official receiver to clear this up

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fizz689 Posted - 26 July 2007 : 19:25:03
Found this on the below website,

http://www.insolvency.gov.uk/freedomofinformation/technical/techmanvol1/Ch25-36/Chapter31/part7/part4/part_4.htm

If a shortfall against the originally agreed total to be collected under the IPA (or a shortfall against the revised total if applicable) still remains at the end of the three year period of the agreement, the debt outstanding is still enforceable against the (former) bankrupt due to his/her having signed the original agreement. The trustee can apply to court for a judgment against the (former) bankrupt for any outstanding arrears remaining at that date under the (expired) IPA and then apply to court for an attachment of earnings order to recover the judgment debt from the former bankrupt. [note 3] As an alternative to enforcement action being taken the official receiver, in the first instance, may wish to consider accepting voluntary payments from the (former) bankrupt to clear the balance remaining due.

Looks like you are liable to pay the total amount, probably beter to make an offer than them take you back to court.

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