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 back money and pay increase
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toon army
Junior Member

United Kingdom
189 Posts

Posted - 11 August 2008 :  17:12:13  Show Profile  Reply with Quote
hello,

I was made BR this June and have just heard that \I will be getting some back pay. The period which this covers is 18 months prior to my BR and up to Nov this year 5 months after beng made BR. The money is paid to me as the local authority have been under paying some staff and its backdated to jan 2007.

The question I have is, is the OR entitled to my pay increase money prior to me gong BR? I appreciate after June they possibly are its the period prior to BR that I require some info.
As you can appreciate the years leading up to BR were pretty tight for money and our huose requires some decoration, need a new cooker and white goods.

The amount prior to tax is £4000.00
So to us its ahugh amount.

John
New Member



United Kingdom
73 Posts

Posted - 11 August 2008 :  19:27:10  Show Profile  Reply with Quote
Hi t a
as it's income then it will be required by the official receiver as would any cash lump sum that you may have accrued from those earnings, were they to have been paid to you correctly in the first place, and you had managed to save.

www.Bankruptcyhelp.org.uk
0800 078 9367
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toon army
Junior Member

United Kingdom
189 Posts

Posted - 12 August 2008 :  19:54:11  Show Profile  Reply with Quote
Hi I am still a little confused !!!! are you saying that the OR will take it all, or i can negosiate with them or the back pay prior to my BR will not be taken by the OR? many thanks
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John
New Member



United Kingdom
73 Posts

Posted - 12 August 2008 :  20:00:56  Show Profile  Reply with Quote
Hi
If you have all £4K in your possession at the time of, or after and whilst undischarged, then the OR is entitled to claim it all I'm afraid.

www.Bankruptcyhelp.org.uk
0800 078 9367
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John
New Member



United Kingdom
73 Posts

Posted - 12 August 2008 :  20:06:27  Show Profile  Reply with Quote
Hi again
the monies you will receive in back pay and will be yours as a lump sum is treated as if you had saved it. But, you may feel that had you had the correct money and no back pay due, then you would not be in as much debt now. This is precisely the reason why the OR would claim it, to give to those creditors you could have, but were unable, to pay.

The proportion covering June until Nov 2008 is within your BR and so also claimable by the OR.

www.Bankruptcyhelp.org.uk
0800 078 9367
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WINCHESTER78
Junior Member



248 Posts

Posted - 09 September 2008 :  20:51:19  Show Profile  Reply with Quote
Hi Toon army - Did you ever get ur £4000 and did you declare it?

To others reading on here, it has been mentioned here a few times that the OR is pretty "Toothless".What could happen if Toon army had spent is back payment??
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Ian Richards
Junior Member



United Kingdom
296 Posts

Posted - 10 September 2008 :  08:45:57  Show Profile  Reply with Quote
I had a client with the same issue. The amount was for £1500 and the OR wanted to keep it all but eventually let the client have £200 back as a good will gesture!

If you are in need of any further help or assistance, please contact me regarding my services via email.
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 12 September 2008 :  11:59:08  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi all,

In a lot of cases like this, it's down to the OR's discretion. The more cooperative you've been, the more likely you'll get the benefit of the doubt.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
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