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 thought that dla was not taken into consideration

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dougie Posted - 27 August 2008 : 19:02:37
hi have just had my or interview i am on income support sda and full dla he has stated that i have enough surplus to make payments to my creditors but i thought that dla was not taken into consideration and also the same with my income support i have no other income so can they do this thanks
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caz33 Posted - 10 May 2009 : 18:05:36
please help feel like my head is going to explode! i went to CAB recently because i was living off my 3childrens dla to pay back my huge debts.i was told to go BR but then i got a letter in post saying i have to much surplus income and to do a voluntery payment instead but the CAB is suggesting i pay 560 a month!! im only on benefits yes it looks alot on paper what i get but its my childrens money! the reason i went 4help in the first place.now i dont know what to do go with what CAB advices or go it alone and go BR cos surely if i do have to pay some back it wont be as much would it? when i first went to CAB she was like oh ur only have to pay a pound a month! i would love to pay my debts back but my life just seems to get worse and now with3children all with high needs i cant see a way out i owe 30,000! any advice pls.:)
John Posted - 27 February 2009 : 09:08:17
Hi doug

unfortunately the OR offices are actually set targets for realising IPA's. This was brought about by major creditors complaining that they felt OR's generally were being too lenient and therefore not recovering enough monies for their benefit.

I think most of us understand that if it is affordable then something should indeed be paid back. Clearly some examiner's find it difficult to identify where an IPA is or is not practical.

The guidleines quoted much earlier in this thread are those set for the examiners and as such, in my view, should be adhered to.

Well done Doug for sticking to your guns and having faith in your civil rights and the forum. A brave thing to do when you feel most of the world is against you.

Debt free, no IPA and now on with the rest of your life.
All the very best.

John White
England Jackman & Spacey
doug Posted - 26 February 2009 : 23:25:14
hi,upto xmas week the o.r. was insisting that i pay,i made it clear that i was prepared to go to court,he asked for a letter from my doctor which was given and a couple of days later i recieved a phone call from the c.a.b. stating that the o.r. was no longer interested in an agreement.i would like to thank everyone for the help and support,all the best...doug
dougie Posted - 16 October 2008 : 14:36:37
hi,many thanks for all the
support,will keep posting as it goes along....doug
tracy_b Posted - 16 October 2008 : 13:11:56
Hi Doug,

Just had my interview this morning and he said that as on benefits he couldn't claim an IPO and because he would have to dis-count the CB and DLA he couldn't get a voluntary payment from us either.
I think you were just unlucky with yours but stick it out, the law is the law!

Tracy XX
eamonn Posted - 16 October 2008 : 13:06:02
just to add to the confusion i had my interview with or on monday and the or i spoke too just said as i was on benefit's as my only source of income there would be no ipa,seems it depend's on who you speak too
John Posted - 16 October 2008 : 12:02:05
Hi Doug
if it were me I would accept that there is a chance of having to pay something BUT - I would most certainly let the Court decide. If there is a hearing you should quote all of the evidence that you have researched suggesting you should not be liable for payment.
Trying to win an arguement against the OR is one thing but I would still put my faith in the justice system. I have read where such incidences have brought the wrath of the judge down heavily on the OR in question.

0800 078 9367
Needafriend Posted - 16 October 2008 : 07:32:17
Hey Doug

Do keep us posted on that and "fingers crossed" you will get this sorted once and for all.

Take care

Jo x

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Needafriends Links and added info on Bankruptcy!" available to view at:

dougie Posted - 15 October 2008 : 23:18:54
hi,latest is that i am to be reassessed by the o r, this time i have to supply proof of all bills etc quoting johns previous post did not make any change,i found this on http://www.opsi.gov.uk/ACTS/acts1992/ukpga_19920005_en_20 187 Certain benefit to be inalienable (1) Subject to the provisions of this Act, every assignment of or charge on—
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
(b) any income-related benefit; or
(c) child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.
which confirms john and julians advice in my opinion,unfortunately not in the or`s or c.a.b`s,will have to see what happens next.... doug
dougie Posted - 06 October 2008 : 17:32:35
hi,thanks will post outcome,hope that your dispute is resolved in your favour,all the best doug
Needafriend Posted - 06 October 2008 : 17:04:29
Hi Dougie

Sorry to hear that you have been unwell, i hope that your feeling better even though the benefits seem to be an issue more so now.

I hope that you get it sorted out and that if you could be so kind as to let us know what your out come will be.

We are disputing the IPA for NT Tax Code as we wrote to the OR to say that what she had implimented as our monthly PAYE was not what we pay now and we did not hear back. The form clearly states Estimate and so subject to change, we have had the solicitors that will take the monies in contact now and called them about it, they are going to send us a change of circumstance and i faxed over the last 2 wage slips clearly showing a great drop in PAYE.

Now its a waiting game as they did say they wont take any monies until its sorted out and when they asked if the OR had responded to my letters and emails about it and i said no they were not surprised.


Jo x
Your Mother Hen :-)

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Mother Hen's New Debt Free Life with Links and added info on Bankruptcy!" available to view at:

dougie Posted - 06 October 2008 : 16:49:34
hi eamonn,thats what i thought,the answer back to me was that is the dwp assessment,not the or`s which he does not seem to take much notice of cheers doug
eamonn Posted - 06 October 2008 : 16:38:52
hi dougie
i have not had my interview yet but my circumstances are very similar to yours as all of my income is made up of benefits and i was under the same impression as yourself that an ipa could not/would not be implamented, after reading johns reply to your question i am more sure than ever and i have also read previously that benefits are deemed to be the minimum required to live on so i would ask the or to look again and quote the paragraph john used in his reply
dougie Posted - 06 October 2008 : 16:29:35
hi tracy,derby court and being dealt with by leicester or,good luck and best wishes
tracy_b Posted - 06 October 2008 : 16:15:36
Hi Dougie,
Sorry to hear youve not been well. hopefully you are feeling better now. Afraid i cant answer your question but i am interested in the outcome as me and hubby go BR on Thursday and we 2 have only benefits to live on and if we get hammered for an IP we will be stuffed.

Good luck to you.
by the way what part of the country are you in, its interesting reading peoples experiences of the OR in thier part of the world and how different it can be.

Tracy X X

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