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Simond191
Starting Member
3 Posts |
Posted - 25 August 2011 : 10:30:00
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can i include sky tv and christmas in my expenditure |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 25 August 2011 : 16:09:02
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No, sadly But you will have £50 incidental expenditure built in - you will have to learn to budget
Melanie Nicholas CertDR 30 years insolvency experience - 23 of which in the Insolvency Service - Insolvency Manager Jones Giles
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 25 August 2011 : 17:06:05
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I thought you could include Sky Melanie?
Follow through Make your dreams come true Don't give up the fight You will be alright 'Cause there's no one like you in the universe
Jan xxx |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 25 August 2011 : 18:46:53
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It is an area i have seen many OR's tighten up on, the same with internet access. Like anything with the OR's it depends on what office - the variations are absolutley amazing, and tobe honest completely unfair - the same goes for car values - the variances between offices is astounding, which is why i aways advise people that if they do need the car, especially with a valid reason, like this client, or two cars but work in differnet directions - get your arguement ready, the amount of times i have had a client 'win' is far greater that the amount of times the OR has won, so it is always worth, getting down on paper, your arguement/reasons, as far too often peopel are so stressed with the call that they forget what they wanted to say.
I have had a client keep a car worth £8k s she went out to meet customers and the OR agreed that she could hardly turn up in a banger! The client at the time was completely accepting of the fact that she was going to lose the car, so was more than happy with the help i had given.
I have had another examiner refuse to allow 'hairdressing' when the case was so low on DI an IPO was never an issue, in that case i got the client to ask to speak to the AOR, lo and behold the amount was left in, and no doubt the AOR had a few words with the examiner !
If you have genueine need it is always worth a shot! at the very worst all they can say is no...
Melanie Nicholas CertDR 30 years insolvency experience - 23 of which in the Insolvency Service - Insolvency Manager Jones Giles
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 25 August 2011 : 19:16:11
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You can't believe the differences can you? I know they have tightened up recently but you would have thought they would have had some sort of guidelines.
I know we are all insolvent, be it IVA or BR but we should be entitled to some sort of life, even a frugal one!
Follow through Make your dreams come true Don't give up the fight You will be alright 'Cause there's no one like you in the universe
Jan xxx |
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debtinfo
forum expert
2826 Posts |
Posted - 25 August 2011 : 20:38:53
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the differences are simply explained in that each case is different and has different circumstances and the only thing the law has to say on the matter is that "reasonable expenses are allowed", also alot comes from the fact that local OR's know what will be allowed by the local judges and are guided by that because if an IPO has to be sought that is who they need to convince.
an example may show my point, you cant simply have an "allowed amount" for a car (althogh £2000 seems to be what most people think it is), for instance consider these 2 cases which i had myself.
1) like Melanie's case i had a guy who had was meeting clients, he was a travelling salesman for a company and the contracts he concluded were worth serious money. as in melanies case to do his job effectively he had to present a good image, he had a car on finance which cost £300pm normally something which would not have been allowed by our OR. but by allowing him the amount plus a decent cloathing and grooming allowance he could keep up his well paid job and pay an IPA of nearly £500pm.
2) a guy tried to say that he should be able to keep his car because it was worth only £1900 and he was working, nothing wrong with that at face value except that he actually lived above the restaurant where he worked so was not allowed to keep the car.
so 2 perhaps extreme examples but you can see why the OR has to use their discretion rather than just say a certain level of car is allowed.
just thought of another thing as well as the amount that the OR may let you keep in car value there are also the costs of selling and because each OR has local agents those costs vary a huge amount so sometimes it is worth selling a car Worth £3,500 and giving the bankrupt £2000 back sometimes it is not and the bankrupt gets to keep the £3,500 car |
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debtinfo
forum expert
2826 Posts |
Posted - 25 August 2011 : 20:41:10
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also they have not actually tigtened up, at least the ones i know have not, the opposite in fact they have been told to be a little more generous because no surplus is left any more,
so more generous on the allowances
but taking all the surplus
so the bankrupt still loses out in the end |
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debtinfo
forum expert
2826 Posts |
Posted - 25 August 2011 : 20:45:23
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just thought i wold add, getting back to the original question, christmas is a no, Sky TV is a probably no but if it is the very basic package and where it may be cheaper with the bundles they do(Phone TV Internet) then it could be a yes.
Also internet used to be a no, then it went to yes if for schoolwork or working at home and now most allow it because so much government and concil stuff is accessed online nowdays
same sort of movement on mobile phones which used to be a no, but since some people use a mobile as their main phone and can be quite cheap, it can now be argued |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 26 August 2011 : 17:12:38
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You would be unlikely to be allowed the full SKY package at about £65 per month, the normal is about £30 for the basic as these days remember most packages come with phone/internet and TV. Internet was frowned on at one time,but these days kids need it to do research etc for school homework projects etc, so there's more than one way to skin a cat, just have your argument ready as Melanie explained.
As for cars, as I've mentioned before, my AOR allowed me to exempt cars up to £3,000 in value (once a reason to exempt had been established) before I had to refer to him if over that, but on the other hand I do know that in some areas AOR's would only allow up to £1,000, hardly consistent!
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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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 29 August 2011 : 15:21:43
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Hi all
just too add confusion and confirm what has already been said
I have helped someone enter both holidays and christmas savings pot on to their SOA and been accepted by one OR region. on the other side of the coin I have had holidays , christmas and birthdays rejected by a adjacent region.
cars same variation as above.
answer put everything down as an expense
Good Luck Richard,
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 29 August 2011 : 15:24:28
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forgot to add
if you are concerned about not being allowed Sky or Internet. companies like utility warehouse list all of your utilities, internet and phone on one bill. the combined total is normally accepted
Good Luck Richard,
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