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 bankruptcy postbag for august
 BRU/BRO question again!
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 14 August 2008 :  21:52:02  Show Profile  Reply with Quote
Hi i am a little confused about this subject in that when i had my OR interview she said that they dont do BRU's they only do BRO's so where then does the contest the order come in to that one.
We dont know for def that we will get one but now i am well confused as the BRO's i thought were only given when you contested the BRU's and that a BRO could only be done if you disagreed with a descion that the OR had made as it needs to go to court. The way my OR said it they go straight past this and go straight to the ORDER bit. My OR is in EXETER.
Any advice please
JO

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"

Skippy
forum expert



United Kingdom
3290 Posts

Posted - 14 August 2008 :  22:05:36  Show Profile  Reply with Quote
Sorry Jo I can't help you as I've never heard of that. Like you I thought you were offered a BRU and if you contest it the OR could apply to the courts for a BRO. Very strange - I hope one of the experts can answer!

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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John
New Member



United Kingdom
73 Posts

Posted - 14 August 2008 :  22:09:56  Show Profile  Reply with Quote
Hi jo
if the OR tries for a BRO without discussing the prospect of a BRU with you first I don't think the judge would take too kindly to this as it's potentially a waste of court time.
The judge may go so far as to refuse the BRO on the grounds that the OR has not followed accepted guidelines and if he does I don't think the OR gets a 2nd bite of the cherry.

I wonder how experienced the examiner was, do you know what grade they were? (B1 ; B2 or B3)

www.Bankruptcyhelp.org.uk
0800 078 9367

Edited by - John on 14 August 2008 22:10:31
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 14 August 2008 :  22:41:21  Show Profile  Reply with Quote
Well John
The examiner to me did not have a clue. I had to explain again about the IR debt that i had been billed for now which could not be included in my overpayments now as the claim had been cancelled and redone and so i was billed. She said i never knew that would have to check. She said the payment i made to the bursary people for overpayment of my bursary that i was able to keep as it was a pension and it would not be touched??? Also she was not sure on the car or how the BI goes with the house, or the life assurances which are payable on death only. She seemed really vague and had not read the information on the form or what i had sent to her. Almost like it was her first time.
I did not feel she knew enough but hey im not an examiner. She seemed like she was somewhere else. I dont know which grade she was though sorry, but seemed very new or inexperienced anyhow.
That does not give me confidence at all really. She could not add up my I&E form, kept making mistakes on my SOA and it was not what I had done.
I had given her more than enough information and well lets see what happens.
JO

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"
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John
New Member



United Kingdom
73 Posts

Posted - 14 August 2008 :  23:36:46  Show Profile  Reply with Quote
Hi jo
I think you're right, it sounds to me that she was very inexperienced and probably more nervous than you!
That would be a B3.
I'm sure that the case would still be overseen by someone more experienced so as you say, see how it goes but if things don't add up speak out & keep us informed. Sign nothing until you're sure.

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

United Kingdom
344 Posts

Posted - 15 August 2008 :  07:12:36  Show Profile  Reply with Quote
Hi John
Thanks for that I will keep you informed. I dont know when she will contact us again, the OR that we will be dealing with is very young too I dont mean the examiner.
Oh well lets see what they come up with and I will make sure that I keep you informed.
John when i get the info on what they say I should sign can i call you on your number too for advice not just writing through this forum please.
Thanks
Jo

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"
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John
New Member



United Kingdom
73 Posts

Posted - 15 August 2008 :  07:59:23  Show Profile  Reply with Quote
Hi jo
of course, I'd be pleased to go through the IPA proposal or any other issues you may have.


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