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grantspants
Junior Member
United Kingdom
297 Posts |
 Posted - 07 October 2008 : 16:10:33
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Can Julian or any of the experts advise me please?
I'm now BR but my wife isn't. She hasn't contributed to my debt in any way. On the online forms, it asks for partners 'contribution', not earnings.
When I had my OR interview she asked what my wife earned, and I am keen to drag my wife into this as little as possible. We are newly married.
What can the OR do where my wifes income is concerned? Can they look into her earnings and things like that? My wife and I worked out what she could contribute, which wasn't a lot, but she has her own commitments. Can anyone tell me exactly what the OR's powers are regarding a BR's spouse and their income/contribution? And how do they enforce it?
I'm only asking because I want to know where I stand after we move into our new rented place and they start looking at possible IPA's etc.
Many thanks in advance (again)
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 07 October 2008 : 16:28:34
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Hi
The OR will look at your incomes and expenditure as a household and calculate your wifes contribution on a pro rate basis. If she earns 25% of the household income she would be expected to contribute 25% of the expenditure.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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grantspants
Junior Member
United Kingdom
297 Posts |
Posted - 07 October 2008 : 16:42:45
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Thanks Suzanne,
what if 25% of the expenditure is all she earns? Would she be expected to contribute all her earnings? |
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John
New Member
United Kingdom
73 Posts |
Posted - 07 October 2008 : 19:59:15
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Hi grantspants
it's yet another of those situations in BR where the examiner is obliged to follow a procedure which not only doesn't make sense but is virtually unenforceable.
It could take an age to get to the bottom of your situation via the forum so I'll try to cut to the chase. Is it the case that your wife's income is entirely taken up by her own personal commitments?
If not, how much could she legitimately contribute?
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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grantspants
Junior Member
United Kingdom
297 Posts |
Posted - 07 October 2008 : 21:07:49
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Hi John,
I told the OR that she could contribute £200 out of £500 p.m earnings, although she could sometimes earn slightly more, she works part-time. She has her own commitments, such as mobile phone contract and clothes to buy and also sends money home abroad. I felt this was a reasonable figure, and want her affected as little as possible. The OR asked why I didn't write her earnings into the form, I said that the online form only asked for 'contribution' not earnings. She said it was easy to misinterpret it. So I wanted to know, what they can and can't do regarding my wifes income. And can they look into her earnings with the inland revenue etc?
Thanks John |
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 07 October 2008 : 21:16:52
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Hi grantspants
Im really sorry to but in here - however, im in a similar position, as its only me going BR and my hubby is self employed so i have only put his contributions (i dont work either) so i put child tax credits and child benefit in mine.
To JOHN
My hubby has got other commitments and a loan, so should i just stick with his 'contribution' as surely they cant take wages off him if he has got personal and business commitments of his own?
Once again, im really sorry to but in ;-0)
Jenny
The weights are coming off my shoulders very slowly, but making such a big diference !! |
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John
New Member
United Kingdom
73 Posts |
Posted - 07 October 2008 : 21:51:24
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Hi both
stick to your guns, your respective partners are allowed to meet their own commitments first as the non BR partner. Just state the contribution.
The examiner is right, the question of other contributions is easily misinterpreted, and she's done just that.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Nat
Junior Member
367 Posts |
Posted - 07 October 2008 : 22:04:59
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Hi all
Hope you manage to get this all sorted. One query though, My ex husband went BR in 2005, i had no knowledge of it at the time and i was working at the time. Nobody ever asked about my income, guess i would have known then!!! How can he have got away with this?
By the way the OR is getting a collection agency to get the money that he owed me, will now go to creditors of course, but at least there is some justice and something to make me smile, just wish i could see his face when he gets it!!!!
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BankruptC
Senior Member
1030 Posts |
Posted - 07 October 2008 : 22:09:05
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Hi Nat,
I'd guess if he was your ex at the time, that would be why. They only take household income into account. If you weren't living with him or paying him any money on a regular basis, there's no need for them to ask about your income.
C. x
PS. I bet you would like to be a fly on the wall when that conversation happens! :-O |
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Nat
Junior Member
367 Posts |
Posted - 07 October 2008 : 22:11:13
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Hi BC
We were married and living together, i found out when i kicked him out 8 months later.
Nat
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BankruptC
Senior Member
1030 Posts |
Posted - 07 October 2008 : 22:15:50
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But you had no knowledge of his BR? Gosh! Not sure how he got away with that then! By saying he was single?? By saying you didn't contribute? I don't think the OR can request pay slips or anything from the non-BR partner, so maybe that's what he said?
Very odd!
C. x |
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Nat
Junior Member
367 Posts |
Posted - 07 October 2008 : 22:28:44
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Yeah I know. Some other stuff has come to light as well don't want to say too much though, think the tax man may want to know never ind the OR!! If he has acted fraudently cn the OR do anything after he has been discharged?
Sorry to hijack the thread guys!
Nat
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BankruptC
Senior Member
1030 Posts |
Posted - 07 October 2008 : 22:31:06
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I'm not sure about that one Nat, but I'd imagine if the authorities found out anytime that someone had acted fraudulently, they'd be able to take action.
C. x |
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Nat
Junior Member
367 Posts |
Posted - 07 October 2008 : 22:33:41
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Hi BC
That's my thoughts too, will keep you posted on what happens.
Bedtime now i think!!!
Nat
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BankruptC
Senior Member
1030 Posts |
Posted - 07 October 2008 : 22:39:25
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Night Night, Nat! Sleep tight! :-)
C. x |
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digman
Junior Member
United Kingdom
319 Posts |
Posted - 07 October 2008 : 22:42:50
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Hi ,
As i understand it if anyone in BR lies or deliberately tries to conceal things it is classed as Perjury and will result in Criminal prosecution .
Andy |
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Topic |
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Wifes income
