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Needafriend
Junior Member
United Kingdom
344 Posts |
 Posted - 13 September 2008 : 14:13:33
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Hi Dougie
Like you i thought that if your only income was benefits then i also thought they would not attempt to get an IPA.
This is a strange situation and i hope that it gets sorted out soon.
Let us know how you get on.
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 13 September 2008 : 14:39:49
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Hi all,
If your only income is benefits, then the OR can't go for an IPA as benefits are deemed as the minimum you can live on. If it was a telephonew interview with a B3 examiner, they may just be trying it on ... stand your ground!
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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dougie
Junior Member
182 Posts |
Posted - 13 September 2008 : 15:49:13
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| hi many thanks it was a phone interview directly after my partners who who was told she has no viable income being on benefit only so will not have an ipa but went the other way with me he wanted my dla to be taken into consideration,but had to check if he could,anyway a week later he phoned to say he would not include the dla but as the social benefit is in my name i would be expected to pay via an ipa,stating that it would still be cheaper to do this and implying moraly it would be best also,guess he forgot i was robbing peter to pay paui.... thanks doug |
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dougie
Junior Member
182 Posts |
Posted - 13 September 2008 : 21:49:12
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| hi julian,would they go so far as to sending me an ipa as they have done if they cannot enforce it? thanks doug |
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tracy_b
Junior Member
United Kingdom
457 Posts |
Posted - 14 September 2008 : 16:19:00
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hi,
I am in the same situation as Doug. Both OH and me going BR 9th Oct. Our sources of income are DLAx2 Incapacity x2 Industrial injuries x2 child tax credits and c.b. Is all of this counted. I worry cause we have to pay window cleaners, gardners and cleaners out of these benefits but we would still have a disposable income of about 200 per month |
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John
New Member
United Kingdom
73 Posts |
Posted - 14 September 2008 : 18:19:46
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Hi Dougie
I would quote my earlier post (politely) and explain that the info was copied from the the government insolvency website!!!!
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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John
New Member
United Kingdom
73 Posts |
Posted - 14 September 2008 : 18:23:32
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Hi again
If you would like, and before you sign, please fax copy income & expenditure details plus copy IPA proposal to 01258-839126 and I will arrange for them to be looked at straight away. Will also need to know how many in the household.
If you also add a contact number I will phone you as soon as the figures have been checked over.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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dougie
Junior Member
182 Posts |
Posted - 06 October 2008 : 16:01:27
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| hi,sorry could not fax,heart decided it needed hospital visit.citizens advice have informed me that they have recently had a big increase in cases like mine,they have pleaded my case for me but the o.r. is having none of it and now will be taking me to court next,i quoted the info that you gave me but both citizens advice and the o r repute this.do you think i will have any chance in court as the citizens advice have basicaly told me its done and dusted as the o r can take what he wants thanks |
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tracy_b
Junior Member
United Kingdom
457 Posts |
Posted - 06 October 2008 : 16:15:36
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Hi Dougie,
Sorry to hear youve not been well. hopefully you are feeling better now. Afraid i cant answer your question but i am interested in the outcome as me and hubby go BR on Thursday and we 2 have only benefits to live on and if we get hammered for an IP we will be stuffed.
Good luck to you.
by the way what part of the country are you in, its interesting reading peoples experiences of the OR in thier part of the world and how different it can be.
Tracy X X |
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dougie
Junior Member
182 Posts |
Posted - 06 October 2008 : 16:29:35
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| hi tracy,derby court and being dealt with by leicester or,good luck and best wishes |
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eamonn
Junior Member
320 Posts |
Posted - 06 October 2008 : 16:38:52
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hi dougie
i have not had my interview yet but my circumstances are very similar to yours as all of my income is made up of benefits and i was under the same impression as yourself that an ipa could not/would not be implamented, after reading johns reply to your question i am more sure than ever and i have also read previously that benefits are deemed to be the minimum required to live on so i would ask the or to look again and quote the paragraph john used in his reply |
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dougie
Junior Member
182 Posts |
Posted - 06 October 2008 : 16:49:34
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| hi eamonn,thats what i thought,the answer back to me was that is the dwp assessment,not the or`s which he does not seem to take much notice of cheers doug |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 06 October 2008 : 17:04:29
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Hi Dougie
Sorry to hear that you have been unwell, i hope that your feeling better even though the benefits seem to be an issue more so now.
I hope that you get it sorted out and that if you could be so kind as to let us know what your out come will be.
We are disputing the IPA for NT Tax Code as we wrote to the OR to say that what she had implimented as our monthly PAYE was not what we pay now and we did not hear back. The form clearly states Estimate and so subject to change, we have had the solicitors that will take the monies in contact now and called them about it, they are going to send us a change of circumstance and i faxed over the last 2 wage slips clearly showing a great drop in PAYE.
Now its a waiting game as they did say they wont take any monies until its sorted out and when they asked if the OR had responded to my letters and emails about it and i said no they were not surprised.
LOL
Jo x
Your Mother Hen :-)
Please visit my blog for info on how I got here and other information to guide you through from my experience called:
"Mother Hen's New Debt Free Life with Links and added info on Bankruptcy!" available to view at:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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dougie
Junior Member
182 Posts |
Posted - 06 October 2008 : 17:32:35
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| hi,thanks will post outcome,hope that your dispute is resolved in your favour,all the best doug |
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dougie
Junior Member
182 Posts |
Posted - 15 October 2008 : 23:18:54
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hi,latest is that i am to be reassessed by the o r, this time i have to supply proof of all bills etc quoting johns previous post did not make any change,i found this on http://www.opsi.gov.uk/ACTS/acts1992/ukpga_19920005_en_20 187 Certain benefit to be inalienable (1) Subject to the provisions of this Act, every assignment of or charge on—
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
(b) any income-related benefit; or
(c) child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.
which confirms john and julians advice in my opinion,unfortunately not in the or`s or c.a.b`s,will have to see what happens next.... doug |
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thought that dla was not taken into consideration
