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Flapjackman
Starting Member
United Kingdom
4 Posts |
 Posted - 16 September 2012 : 13:17:49
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This is my first ever post so if I am going over old ground please forgive me.
I find myself in the following prediciment.
My wife and I were both declared bankrupt on 26th October last year. So far it has been a straightforward process. My wife has not worked since and has had no income and I have had two brief periods of unemployment though am now employed although earning a significantly reduced salary to what I have previously been fortunate enough to enjoy a few years ago.
On that basis I have had no IPA set up after filling in 2 Income and expenditure forms. I had to fill in a 3rd form in July and as a result have recieved an IPA yesterday for £74pm. This has arrived 6 weeks to the day before my automatic discharge. We are a family of four (two young children) and are also in reciept of housing benefit and tax credits.
My circumstances have changed since July and I quite simply do not have £74pm spare!
I have cooperated fully up to now and my understanding is that I do not have to sign this agreement and if no agreement is in place within 6 weeks (discharge date) then no IPA can be enforced.
How do I challenge this?
Will the OR automatically apply for an IPO if I challenge them?
Will the OR automatically apply to delay my discharge if I challenge them?
Thank you in advance |
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 16 September 2012 : 15:46:50
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Hi Flapjackman,
I advise you speak to the examiner asap first and check all the figures for your income and expenditure as you may have made a mistake on the form, or they may be disallowing an expenditure or reducing an expenditure.
If it's not sorted then you don't sign the form and it can go to a judge for the final say so.
You won't be discharged for not signing the form and doing nothing, so call them on Monday.
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 |
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Flapjackman
Starting Member
United Kingdom
4 Posts |
Posted - 16 September 2012 : 16:51:35
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Thanks Viki,
Is it reasonable for me to request a new Income and Expenditure review as my circumstances have changed? If I do this will I still be made to pay the £74 while they consider my changed circumstances?
My plan is to write to them within the 14 days informing them of changed cicumstances and requesting a new Income/Expense review and at the same time informing them I refuse to sign until that has been conducted.
Can I do that or will it be deemed to be not co-operating? |
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debtinfo
forum expert
2826 Posts |
Posted - 16 September 2012 : 17:04:11
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What has changed since July and exactly when we're you first notified or knew that a change was taking place
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Flapjackman
Starting Member
United Kingdom
4 Posts |
Posted - 16 September 2012 : 17:17:51
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Hi debt info,
Quite a few things have changed, we have had a rent review resulting in an increase, combined gas and elec payments have increased also after their annual review, we have lost some tax credit after the july review and my car insurance has increased (I need the car for work. The kids have gone back to school and I am paying for School dinners which I know I forgot to account for in July |
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debtinfo
forum expert
2826 Posts |
Posted - 16 September 2012 : 17:39:49
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| Then give your OR a ring tomorrow |
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Flapjackman
Starting Member
United Kingdom
4 Posts |
Posted - 17 September 2012 : 22:06:20
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One last question before I make the call.
What will happen if I show a negitive on the I&E review (more expenditure than income), which may actually be the case...though not by much? |
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 17 September 2012 : 22:24:11
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If the OR accepts your expenditure and you don't have any surplus, then you won't get an IPA.
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 |
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How Do i Challenge an IPA
