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kadge
Junior Member
United Kingdom
191 Posts |
 Posted - 05 July 2008 : 13:17:28
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We are just aboutsorted with our BR but today we have received confirmation from the OR that they will not allow us any allowance for car maintenace, Xmas or birthdays,as much as appreciate that we got ourselves into this mess, surely we should be allowed a little something, especially for the car which is very old and my husband relies on this to actually get to work, he goes out some mornings at 4.30 and there are not buses at this time.
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kramsenrab
Junior Member
United Kingdom
199 Posts |
Posted - 05 July 2008 : 13:20:47
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| that sounds rough - I am just starting the process after speaking to someone yesterday & realising that an IVA will not work for us. I am absolutely terrified of what we will lose - house is safe (I think) but quite sure cars will go and I'm very worried about our possessions like tv etc! How have you found that sort of thing? |
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Trolly-Dolly
Average Member
591 Posts |
Posted - 05 July 2008 : 20:28:47
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That does strike me as odd (the car bit). There is a real difference between the allowances of an IVA and BR. An IVA does not allow for holidays but BR does and an IVA does allow for car maintenance. Could it depend on who the OR is? Has anyone else been allowed a car maintenance allowance? If so, it may be time to fight your corner!
General household items such as TV, cooker etc are pretty safe unless they cost a fair few quid and could be ssold with a decent profit. I have read about game consols (wii) and digital cameras going. Depends on how old and price I guess.
You can read my blog here;
http://drowningmummy.blogs.iva.co.uk/ |
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John
New Member
United Kingdom
73 Posts |
Posted - 05 July 2008 : 21:08:47
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Hi Kadge
If your husband needs the car for work the OR needs to accept reasonable maintenance cost. Re Xmas & B'day presents - usually £15 max each per month.
If the OR is proposing an Income Payment Agreement under terms with which you do not agree - say you feel it is unfair, and don't sign or agree to it.
If the OR feels justified - in this case I don't think he is - he will take the matter to court to try and enforce an Income Payment Order.If the court agrees with him so be it.
Remember, the OR chances his arm from time to time to fulfil his duty to the creditors BUT he is NOT the law. You are only legally bound by an IPO not an IPA. For the IPA to go forward you must agree or it cannot be invoked. Always remember that you must also be reasonable though, in most cases the OR will be too. Good Luck
Assist |
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melanie_giles
Senior Member
1191 Posts |
Posted - 05 July 2008 : 21:27:13
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Surely they are only going to take a proportion of your disposable income, so you will be left with some money for Christmas, birthdays and holidays. I am also suprised about the car maintanence though.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 09 July 2008 : 22:36:13
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SORRY JUST BEEN READING THIS THREAD AND WONDERED ABOUT THE ALLOWANCES FOR XMAS, BIRTHDAYS AND HOLIDAYS. I HAVE 3 CHILDREN AND DONT WANT TO SEE THEM LOSE OUT. WILL THE OR MAKE SOME ALLOWANCES FOR THESE WHEN LOOKING AT INCOME.
ALSO HOW ABOUT CAR TAX, FUEL, MOT ETC
ANY ADVICE PLEASE |
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melanie_giles
Senior Member
1191 Posts |
Posted - 09 July 2008 : 22:45:55
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One of the nicer things I find about bankruptcy, over an IVA is that the OR believes that you should be left with sufficient monies to lead a reasonable life - and this includes family items such as holidays, birthdays and Christmas.
I have see families of two adults and three children left with £50 per month for each of the areas you refer to above, however this is entirely at the discretion of the individual examiner. I take the view that if you don't ask you don't get, so put down what you would like to spend on these items and see what they say. Do remember that they will all have families of their own, so will be used to the same sorts of expenditure as you are.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 10 July 2008 : 07:29:07
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Hi Melanie that advice has put my mind at rest but I have one more question which is;
We have 1350 income from hubbies job and 1200 from tax credits, Carers allowance, family allowance and also DLA as my eldest son is disabled, will they take that as guaranteed income and use against the income which is available. Our outgoings not incl debt is 2458 and that does not leave a lot to pay debts and i know that next year the amounts will change that we get in help as payments may go down but we need that additional monies to be able to look after them all esp the disabled one. Im not working at present as i am the main carer for him all i get is the Carers allowance.
What happens when half your income is made up from benefits.
Thanks
Jo |
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melanie_giles
Senior Member
1191 Posts |
Posted - 10 July 2008 : 08:08:14
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They will take account of your income and tax credits but not benefits. Given that such a lot of your income is derived from benefits, I would be suprised if you were awarded an IPA.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 10 July 2008 : 08:24:04
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Hi Melanie
Thanks again for the quick reply. The benefits are which ones from what i get, are they
Carers Allowance
DLA
Family Allowance
The Tax Credits and Hubbies wages classed as other is that right.
I would go back to work but my kids need me at the moment as they debts had become an obsesion if you like i had to work 45hrs a week before to make enough money purely from my income to pay the debts but i could not do it anymore and ended up stressed out and neglecting my family which did them and myself no good. We did not benefit from me doing that amount of hours as we still could not afford days out or that bit extra it all went on bills, bils, bills.
I will try not too ask too many more questions its just this place has been so helpful and I have just over 3 weeks to go now and i dont want to pay someone out of an already tight budget to deal with the BK.
Also i have a post office account where all the benefits and tax credits are paid am i likely to have this account frozen.
Thanks |
Edited by - Needafriend on 10 July 2008 08:26:20 |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 10 July 2008 : 09:15:38
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Hi kadge
Why don't you give the examiner a call and see if you can negotiate a little extra for these things. If you are nice to them they might be inclined to be nice to you and give you a bit of a break.
If you don't ask you don't get, and if you feel you cannot afford to save for these things with your remaining surplus it would be worth having a chat with the examiner.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 10 July 2008 : 11:52:13
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I had a car allowance of £100 a month, which broke down as £50 maintenance, £10 tax, £30 insurance and £10 breakdown cover.
I was also allowed £20 a month for holidays.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/ |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 10 July 2008 : 13:13:00
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If you don't ask, you don't get!
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 10 July 2008 : 14:25:59
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Exactly! I didn't expect to be allowed a holiday fund at all so it was a nice surprise!
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/ |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 11 July 2008 : 15:29:56
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hi Skippy,
There does seem to be a level of inconsistency across the Insolvency Service regarding allowances. Great news you managed to keep your holiday fund!
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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no allowance for car maintenace, Xmas or birthdays
