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Jackie
Starting Member
United Kingdom
42 Posts |
 Posted - 30 November 2010 : 13:32:06
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| Ref the new rules on 1st Dec. We went br Dec last yr and have bought our bi back(with parents help). We had no disp income, and for the past 3 plus mths my hubby has gone from 5 nights to 3 sometimes less as work is slow. Our car has been broken for 3wks and we have no money to fix it. Do you think the or will have us comply with the new rules? We had di of £77. Im really honestly gutted that we made our decisions April last yr to buy the bi back and now it looks like we will have a further 3yrs(for the sake of 2 weeks til ad) Our house is damp and we have no chance of sorting it. The folks up the rd on all those lovely benefits, Spain twice a yr and with there mobility cars and lovely done up council houses! We had 2 nights in Bognor in 2008 and have had a coop acc for 2 yrs with no prob, chase work and looking at struggling for the next 3yrs. Really wish I knew about this last yr...I would never of agreed to bi and be living it up with the rest............Could cry! |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 30 November 2010 : 14:38:49
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As far as I'm aware the new rules only relate to IPAs signed after 1st December.
If you don't have an IPA at the moment it's highly unlikely that you'll get one now, so try not to worry x
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 30 November 2010 : 16:46:40
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Correct Traceyjr - the new rules will only comeinto affect for IPO's agreed AFTER 1st December - anyone in the system so to speak, and with an IPO agreed (or not) will not come under the new rules
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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debtinfo
forum expert
2826 Posts |
Posted - 30 November 2010 : 21:18:28
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| But if you are bankrupt and dont have an IPA yet, but then get reassessed for some reason and an IPA is then signed it will be under the NEW rules |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 30 November 2010 : 22:31:10
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Debtinfo, what would happen if someone already has an IPA but for some reason it has to be reassessed? Would it then be reassessed using the new rules?
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
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debtinfo
forum expert
2826 Posts |
Posted - 30 November 2010 : 23:21:31
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As i undertand it (and again there is no official clarification yet) from what i have seen, as the IPA is a legally binding document signed by both the bankrupt then it cannot be changed later and so a change would be assessed under the old rules.
It is important to grasp that there is only ever 1 IPA in any case (even a NT and surplus one is just 2 parts of the same IPA)and so once signed sets down the rules that it is operated under |
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debtinfo
forum expert
2826 Posts |
Posted - 30 November 2010 : 23:26:18
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| Also i would add that as each OR has a little leeway in decisions at their office in practice it may not be as exact as the new rules state. For instance if you have £25 surplus that would mean an IPA but the OR has discretion as what to allow as expenditure so it will be dwn to the OR how rigourous they want to be, Traditionally they have been more sympathetic towards people who are genuinly struggling and less so towards those that they see to be trying to get away with it |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 02 December 2010 : 08:52:32
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Hi there
Had a little bit of insider info from the Insolvency Office, If someone has an IPO (old rules ie prior to 1st Dec) and it needs to be assessed - it will be assessed under the old rules. However, if someone did not have an IPO initially, but then informed OR of changes and an assessment deemed necessary, it would be assessed under the 'new rules'
Hope this clarifies matters, Melanie
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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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 02 December 2010 : 12:39:01
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Hi Mel,
Does that mean that if someone went BR before the 1st December, (perhaps on purpose to try and fall into the old rules) but has not yet had their interview, that they will be assessed using the new system?
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/ |
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debtinfo
forum expert
2826 Posts |
Posted - 02 December 2010 : 21:38:41
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| Yes what matters is when the IPA is signed not the date of the bankruptcy, so even if you were assed to not have an IPA originally if you are reassessed and an IPA is signed it will be under the new guidelines |
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Viki.W
forum expert
United Kingdom
2211 Posts |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 03 December 2010 : 09:58:44
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Sorry for the dealy Vicki, in answer to your query, all new IPO assessments will be done under the new rules, that encompasses all new bankrupts, and those who did not qualify for an IPO initially, and now have a change of circumstance and require assessment for an IPO.
Only those currently with an IPO who require for what ever reason a reasessment will have this done under the 'old rules'
Hope this clarifies eveyrthing, though i will admit that it has been quite confusing for everyone as nothing is'published' on the IS site, only OR staff were notified of the changes
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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Viki.W
forum expert
United Kingdom
2211 Posts |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 10 December 2010 : 01:05:54
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Just to make things more interesting, someone I keep in contact with in the IS, said that if say you were declared bankrupt on the 22 November , but didn't have an interview until the 2nd December, then any IPA would be assessed under the old IPA rules.
Likewise, if you had an IPA pre 1 December, and it needed to be reviewed say due to loss of income, then it would be assessed under the old rules. Seems like different offices are interpreting the rules in different ways.
Big Al |
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tricer
Starting Member
United Kingdom
43 Posts |
Posted - 13 December 2010 : 17:53:05
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| Hi Big Al,Im after some advice about the new IPA rules and what you said in your previous post about what your contact in the IS said. We went bankrupt 29th Nov, had our OR interview today and we are going to be subject to an IPA under the new 1st Dec rules. We were under the impression that it was the date of the bankruptcy order not the date of the OR interview. We are so stressed about everything now as we are left with 0 surpless. What incentive do we have now to work any overtime if the whole amount will be taken. We arent against the IPA as we got into the debt in the 1st place and accept that. We would have petitioned our bankruptcy in October if our IVA company had dealt with us properley and issued our failure cert sooner. Is it worth taking this up with our OR to see if we can be dealt with under the old rules? We could argue why wasnt the interview done sooner i.e 29th or 30th Nov. Any advice would be great. Thanks |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 13 December 2010 : 18:16:35
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I don't think you'll have any luck saying that your interview should have been done sooner - I haven't heard of anyone having an interview the same day that they are made BR. Most people seem to have to wait a couple of weeks.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
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Ref the new rules on 1st Dec.
