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Bigal4787
forum expert
United Kingdom
641 Posts |
 Posted - 01 December 2010 : 23:58:36
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Hi
regarding IPA's, the £100 of disposable income that was allowed before an IPA was considered,has now been withdrawn , so if after taking into account all reasonable domestic expenditure there is £20 surplus then an IPA could be collected. However the OR can allow a discretional £10 per family member on top of reasonable expenditure,so a family of 5 could have an extra £50 allowed on top of the reasonable domestic expenditure.
As far as I know it shouldn't impact on IPA's pre 1 December, but the technical manual hasn't been updated online yet, so it's hard to say.
Big Al |
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Bagonerves
Starting Member
United Kingdom
3 Posts |
Posted - 02 December 2010 : 03:01:53
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Hi all, I'm really sorry if I sound a bit thick but my head really is scrambled at the moment, SO ! am I getting this right ? if your interview with the OR takes place after Dec 1st you will be bound by the new ruling even if you were declared bankrupt before that date ?! My hubby and I were declared bankrupt on Friday 19th November, we both received a very brief call from somebody at the OR's office on Tuesday 23rd November to say they were sending out some forms for us to sign and return and a note of the date and time the OR would telephone us for our in depth interview, now, strangely enough, that telephone appointment is scheduled for December 7th ! I know two other couples that have been bankrupt and both said they had their telephone interview with the OR approx 1 week after declaring bankruptcy, where ours will be 2 and a half weeks later ! Could it be that the OR is using delay tactics where possible to make sure the new ruling applies ?
Can I be cheeky and ask one more thing, how will the OR work out my DI ? I have to leave my house by 3rd Jan, to date I have no idea where I will be living or what the rent will be or any of the other bills for that matter so how can I answer the questions, anybody know what the rent is for a cardboard box these days !! xx |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 02 December 2010 : 09:08:59
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Hi there
try not to panic, the 'delay' in your interview is quite normal, many people do not have their interview in the first week, it is often two-three weeks, and purely down to the volume of work that particular OR's office has received, nothing to do with anything else.
Your income & exp as per your S of A will be gone through with the examiner and yourself during the phone call, and try to stay calm and positive, they are not there to trip you up, just run through all your household expenditure, utility bills again to ensure you have the right amounts stated. With a view to rent etc this will not be known by you until you have secured alternative living accommodation, so nothing will be set IPO wise at this telephone call as your 'expenditure' will in effect be unknown until you have secured alternative accommodation.
All examiners have been informed to build in £10 per household member in all IPO's they are assessing, and if you are not happy with the figures that are arrived at, you do have the right to 'appeal'. So try not to panic, I appreciate that this is all new and strange to you, but they are there to help!
Melanie Nicholas
29 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
telephone 01792 899996
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 03 December 2010 : 00:20:51
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Hi all,
I'd like to add a bit more about the notion of £0 IPA's.
These came about, mainly due to some examiners making the wrong selection when completing the IPA agreement.
When the examiner uses the insolvency service system to set up an IPA, they normally get 3 options, namely: IPA only, NTIPA only or IPA and NTIPA( where NTIPA is the tax element to be collected up to the end of the tax year).
What has happened in the past is that when an NTIPA only was required,some examiners chose the IPA and NTIPA option, which would then produce a template to fill in the relevant information i.e. tax normally collected, but because it would also ask for the IPA amount(when one wasn't being raised) the examiner would put in £0, thus when the agreement was printed off, it would show the NTIPA amount, but also an IPA amount of £0 over 36 months, which is what had been put in because the template was asking for it.
It was never a sneaky way of the OR getting people signed up for IPA's just in case!
Big Al |
Edited by - Bigal4787 on 03 December 2010 00:22:33 |
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paulgm_2000
Starting Member
49 Posts |
Posted - 03 December 2010 : 10:30:13
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quote:
Originally posted by Bigal4787
Hi all,
I'd like to add a bit more about the notion of £0 IPA's.
These came about, mainly due to some examiners making the wrong selection when completing the IPA agreement.
When the examiner uses the insolvency service system to set up an IPA, they normally get 3 options, namely: IPA only, NTIPA only or IPA and NTIPA( where NTIPA is the tax element to be collected up to the end of the tax year).
What has happened in the past is that when an NTIPA only was required,some examiners chose the IPA and NTIPA option, which would then produce a template to fill in the relevant information i.e. tax normally collected, but because it would also ask for the IPA amount(when one wasn't being raised) the examiner would put in £0, thus when the agreement was printed off, it would show the NTIPA amount, but also an IPA amount of £0 over 36 months, which is what had been put in because the template was asking for it.
It was never a sneaky way of the OR getting people signed up for IPA's just in case!
Big Al
This is exactly what I got! My letter from the OR recently stated an IPA of £0 and NTIPA of around £130(although is about to be reduced). Does this mean I have agreed to an IPA and will be bound for 36 months? My income is way below what my expenditure is(surviving on girfriends wages).
What should I do to make sure I don't get an IPA for 36 months?
Was Bankrupt on 5th October.
Many thanks for your help
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 03 December 2010 : 12:11:40
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Hi Paul,
the best thing to do is point this out to the examiner/OR, as there is an agreement for an NTIPA only, which you should have got, obviously expressing the concerns that you have.
Big Al |
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paulgm_2000
Starting Member
49 Posts |
Posted - 03 December 2010 : 12:58:34
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quote:
Originally posted by Bigal4787
Hi Paul,
the best thing to do is point this out to the examiner/OR, as there is an agreement for an NTIPA only, which you should have got, obviously expressing the concerns that you have.
Big Al
Okay, thanks BigAl.
Has the OR simply made a mistake then and would they be able to remove the IPA? It says on the form it's legally binding when signed.
Should I write a letter or ring up the OR? and what should I say? Obviously I don't want to annoy the OR in anyway and jeopardise the possibility or early discharge.
Any help would be gratefully received as I'm now worried I shouldn't have signed the form!!
Many thanks
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 10 December 2010 : 14:21:25
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Hi Paul,
Since you signed the agreement, have Moonbeever been in contact with you? They should in relation to the NTIPA, and if that's all it is fair to assume that there is no IPA, as they say in the trade the £0 IPA is an administive error!
But if you wanted to, you could query the examiner as to why you were asked to sign a combined NTIPA/IPA agreement, instead of just an NTIPA agreement.
Big Al |
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paulgm_2000
Starting Member
49 Posts |
Posted - 11 December 2010 : 09:19:00
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Hi again,
Yes moonbeever were in touch pretty quick. I've had to wait for a new pay slip(all others sent to OR) and have just sent a new one. They did only mention an NTIPA.
Is that to say that the OR thinks they have only issued me an NTIPA and have not realised they have in issued and IPA? Therefore, I won't be subject to a 36 month IPA scrutiny.
I'm just curious really!
Will be sending a letter next week so hopefully they will change to documentation for me! Don't think I can handle another 3 years of financial scrutiny after what I have been through, especially as it seems like an admin error!
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 12 December 2010 : 00:00:54
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Hi Paul,
if the only thing Moonbeever have mentioned is the NTIPA, then I think that is all they will collect, as they should realise that the £0 means that you didn't qualify for an IPA. If you get ED, than you will be asked to complete an IPOQ(income payments questionnaire) prior to discharge.
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then a case of beer and my petrol costs are all I ask!! |
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paulgm_2000
Starting Member
49 Posts |
Posted - 15 December 2010 : 12:11:16
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quote:
Originally posted by Bigal4787
Hi Paul,
if the only thing Moonbeever have mentioned is the NTIPA, then I think that is all they will collect, as they should realise that the £0 means that you didn't qualify for an IPA. If you get ED, than you will be asked to complete an IPOQ(income payments questionnaire) prior to discharge.
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then a case of beer and my petrol costs are all I ask!!
Is that to say that when I fill in and return the IPOQ and have no surplus that the £0 IPA for 36 months will be removed? Or should I be acting on it now?
Thanks again for your help! |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 15 December 2010 : 15:39:49
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Hi Paul,
when you send the IPOQ back, the examiner will reassess it, and if still not eligble for an IPA the ED process will begin, and infact if you get an IPOQ it means there is no IPA in place, as they are sent out only when no IPA is in place. If an IPA was in place you would get a reassessment from Moonbeever, but if they have only contacted you about the NTIPA, that should be it.
Of course you could give Moonbeever a call, just to check out when the final NTIPA payment will be, and that there will be no more payments after the end of the tax year, without going into detail about the notion of an IPA.
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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NEWS ABOUT IPA`s
