Hi, I've just received a letter from my OR who are now asking for an IPA of £41 per month which is 100% of my disposable income. I became BR in March 2010 and thought this ruling was only for those that went BR from 1st Dec 2010? As it goes I have reviewed my outgoings and everything has increased from car insurance to petrol! So I will argue the case but just wondered if what they are asking for is correct?
It is not for BR after 1 dec it is if the Assesment to start the IPA is after 1 dec, so it is basically everyone who does not allready have an IPA who has more than £20 surplus income
Hi Jayne, I presume this is as a result of you being sent an I&E questionnaire prior to AD? If as you say your expenditure has gone up resulting in no disposable income, then you can decline to sign the agreement but clearly stating your objections as to why.
The OR will then have to decide whether to go for an IPO, rather than an IPA(i.e. asking a Judge at the county court to decide). From what I currently understand it can take up to 6 weeks to get a hearing, by which time it will be getting close to AD date.
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"
Hi, thanks for your quick responses and for answering my question. I will write back and advise of the increases in my bills and supply proof (car insurance renewal etc).
Just one thing.. With AD approaching for 4th March do they have to make a decision to either accept my plea or to take me to court before the 4th? I ask because it has taken the OR 3 months to reply to my last plea (I guess they must be very busy!) and if it takes them that long again it will be well after 4th March.
OR asking for 100% of disposable income
Posted - 27 January 2011 : 21:43:46
