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ddonna
New Member



89 Posts

Posted - 27 October 2010 :  17:08:55  Show Profile  Visit ddonna's Homepage  Reply with Quote
Hi just wondering if you can have a look at my I&E before we list it
rent 267.00
ctax 99.00
elec 65.00
gas 50.00
tv 12.00
mobile 10.00
pet insurance 7.00
phone 20.00
internet 8.00
car insurane 65.00
shopping 570.00 inc work lunch for husband/tolietries/cleaning
dentist 10.00
car tax 11.00
car maintenance 20.00
clothes 150.00
school meals 120.00 (3 kids)
petrol 50.00(for social use due to having to care for husbands mum with parkinsons so we visit he every other day to help her etc ,the petrol amount ive put will just cover that)
hair cut 35.00
school trips 20.00(son's school going to france next year plus trips for my other 2 kids)
140 child maintenance (see below)
50-60 arrears to csa and fairfax (see below)

we are a family of 5 income incl child benefit is £1827
also would the or allow 50-60pmth for the csa arrears as thats what we'd like to pay .one lot of 215 is with a debt agency through the csa and the other £680 is with the csa.We have been told we need to pay the debt agency debt off before the csa will allow a regular payment and also a payment off the arrears with them. The csa have advised me to pay off the debt agency debt 1st using the maintenance of £140 plus whatever im allowed for arrears ,then once that is paid they can take regular payments plus payment for their new arrears which are mounting up by 140 pmth :(

Edited by - ddonna on 08 November 2010 14:45:21

gettingoutofdebt
forum expert



2418 Posts

Posted - 28 October 2010 :  10:30:11  Show Profile  Reply with Quote
petrol 80.00(for social use due to having to care for husbands mum with parkinsons so we visit he every other day to help her etc ,the petrol amount ive put will just cover that)

I'm not too sure if the OR will allow this. Normally a car is only allowed if it is needed to travel to/from work and not for social use.

70 arrears to csa and fairfax (see below)

Again, I am not sure about CSA arrears. Explain the situation to the OR during the interview and see what they say.

Everything else looks fine.
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gettingoutofdebt
forum expert



2418 Posts

Posted - 28 October 2010 :  13:54:11  Show Profile  Reply with Quote
I don't think £80 is excessive for petrol. I use about that travelling to work and back each month.

If the OR has allowed you to use the car to visit your husband's mother and the think the £80 is too high then you can always provide receipts to prove how much you spend travelling there and back each month.
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gettingoutofdebt
forum expert



2418 Posts

Posted - 28 October 2010 :  17:54:55  Show Profile  Reply with Quote
Normally it is only fuel to/from work that is allowed. I suppose if you live in a remote area with no real shops around then you could claim for fuel to go shopping. I can't see there being a problem with £80 for fuel if the OR has allowed you the car to visit your husband's mother.
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Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 29 October 2010 :  00:20:16  Show Profile  Reply with Quote
Hi Donna,
regarding the car, the guidelines the OR mentioned, came about as a result of an appeal court case, in which it was held that if someone cares for a member of a family or a friend (whether in receipt of a carers allowance or not) then it is a vocation in itself, and so a car could be exempt from the proceedings, the same as for someone in employment.

At £800, this would cause no problems, and I cannot see any reason why the OR would claim your car, as you have a valid reason to keep it.

As for the petrol, the expense can be covered by the extra trips you have to make in caring for your husband's mother, plus the shopping involved, and possibly taking her out, which would be part of her vocational care.

Former insolvency examiner with the insolvency service

Big Al
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ddonna
New Member



89 Posts

Posted - 29 October 2010 :  02:16:19  Show Profile  Visit ddonna's Homepage  Reply with Quote
Hi thanks Big Al ,all the advice that you and the other people has gave me has been a god send as i started all this with no idea really what bankruptcy was about.Getting advice off you all has answered many questions /worries ive had and has helped get rid of some of the stress and im so grateful for that!!.Could you have a look at my I&E for me as im not sure if that is ok ie csa etc.
Thanks again Donna(its in another post)
quote:
Originally posted by Bigal4787

Hi Donna,
regarding the car, the guidelines the OR mentioned, came about as a result of an appeal court case, in which it was held that if someone cares for a member of a family or a friend (whether in receipt of a carers allowance or not) then it is a vocation in itself, and so a car could be exempt from the proceedings, the same as for someone in employment.

At £800, this would cause no problems, and I cannot see any reason why the OR would claim your car, as you have a valid reason to keep it.

As for the petrol, the expense can be covered by the extra trips you have to make in caring for your husband's mother, plus the shopping involved, and possibly taking her out, which would be part of her vocational care.

Former insolvency examiner with the insolvency service

Big Al



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Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 04 November 2010 :  00:27:43  Show Profile  Reply with Quote
Hi Donna,
With regards to CSA payments, these are allowed to be included in your expenditure:

An obligation arising under an order made in family proceedings or under a maintenance assessment made under the Child Support Act 1991 is not a debt provable in bankruptcy [note 15]. It is a continuing obligation, payable out of income

The above is basically a summary of the fact that CSA payments are allowed as part of your expenditure. The rest of your I&E seems fine, and as previously stated you wouldn't be expected to trudge in with receipts from Tesco's, Next, New Look or your hairdresser, I was on about utility and telephone bills.

Big Al
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ddonna
New Member



89 Posts

Posted - 04 November 2010 :  00:33:40  Show Profile  Visit ddonna's Homepage  Reply with Quote
Thankyou, thankfully it is nearly over with,we should be in court by tuesday at the latest so hopefully it'll all go ok!!!
Thanks for your help
quote:
Originally posted by Bigal4787

Hi Donna,
With regards to CSA payments, these are allowed to be included in your expenditure:

An obligation arising under an order made in family proceedings or under a maintenance assessment made under the Child Support Act 1991 is not a debt provable in bankruptcy [note 15]. It is a continuing obligation, payable out of income

The above is basically a summary of the fact that CSA payments are allowed as part of your expenditure. The rest of your I&E seems fine, and as previously stated you wouldn't be expected to trudge in with receipts from Tesco's, Next, New Look or your hairdresser, I was on about utility and telephone bills.

Big Al



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