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missey
Junior Member
184 Posts |
 Posted - 03 May 2008 : 07:33:06
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My partner and I were made bankrupt on 02.05.07, so we are now discharged according to the insolvency register. Is this correct or do we need a letter from the OR to confirm this?
Also despite me sending in numerous paperwork in the last yr, the most recent by 04.04.08 as per their request, I have not received anything about an IPA- does this mean that they now cannot issue me with one?
Also they gave me a NIL tax code, which came into force in Nov07 when i returned to work after maternity leave. So i have about £2300 in tax that was not taken direct from my wages. Even though I am discharged and the OR has not set up an IPA can they still ask for this money? I really need to know as we desparately need a new car and my baby, who is now one year old, needs lots of things- cotbed/car seat/high chair/stroller/clothes etc so i could really do with the money- but obviously I don't want to spend it if I still have to give it to the OR
Hopefully someone can help
With regards to bankruptcy- its the best thing me and my partner did- we went bankrupt when my son was 3 weeks old so it was a horrendous time for me, so soon after he was born. But we now have a clean state, my partner started uni last yr and we have made it through this first difficult year! I'm so glad that we didn't continue to waste time and money going through with the IVA- which I had already spent £800 plus the bankruptcy fees of just under £1000. We would have defaulted on it a while ago and then would have had to go bankrupt anyway. We are just looking forward now as a young family and have learnt from our mistakes. |
Edited by - missey on 05 May 2008 12:42:13 |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 04 May 2008 : 17:30:14
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Hi Missey,
You are automatically discharged after twelve months and would not usually receive any notice.
If you require a certificate of discharge you can obtain this by going to the court in which you declared yourself Bankrupt and they can supply you with this, however there is a fee of £60.
If you are now discharged and not been given a IPO/IPA then you will not get one, you need to make sure that your Bankruptcy has not been suspended by the trustee, but if the register is showing that you are discharged then I would think it unlikely it has been suspended.
The tax money would have been part of an IPO/IPA itself if this has not been taken and you are discharged then they will not be taking this.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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scaredkez
Junior Member
United Kingdom
194 Posts |
Posted - 04 May 2008 : 20:53:02
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julian can you confirm that if you have had nil tax code and they haven't asked you for your tax, in the 12 month period and you are now discharged that they can not ask for this? and you were not set an ipo/ipa either, i thought that you had to pay it over even though you didn't get an ipo/ipa .
kerri |
Edited by - scaredkez on 04 May 2008 20:54:42 |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 04 May 2008 : 21:18:52
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Hi there
If I understand your post you have had the NT tax code but haven't been contacted by anyone to collect the tax. Therefore you have been paid the full salary ( including the tax ) .
I would suggest that you put it to one side and wait patiently and see - they will be in touch at some time so suggest you don't spend it just yet
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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missey
Junior Member
184 Posts |
Posted - 05 May 2008 : 12:40:41
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now I'm confused!! what do people think if I just call the OR tomorrow to ask?
The money has been kept to one side but as I said in my post as I'm starting to need a few things its getting tempting to use it!
My last letter to the OR confirmed how much tax I had to pay (according to my calculations) and asked how i could pay this to them- I have not had a reply yet or an IPA- no one has called me either
What should I do? |
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scaredkez
Junior Member
United Kingdom
194 Posts |
Posted - 05 May 2008 : 21:44:06
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hi paul thanks for your reply, i just thought julians was quite confusing incase people were given a nil tax code and they thought they didn't have to pay it over, i just wanted it clarified thanks. as usually clarke wilmott contact you within the first few months to hand it over.
kerri |
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missey
Junior Member
184 Posts |
Posted - 05 May 2008 : 23:06:35
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I think I'll just have to call the OR to clarify it- Kerri who is Clarke wilmott??
Everthing I have found states that if you haven't had an IPA by the time you are discharged you won't get one, and that the tax included in the salary due to the NIL tax code usually makes up some of the IPA amount, but nothing that says what happens if you don't get an IPA before discharge AND have been on NIL tax code....... help! |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 06 May 2008 : 10:41:06
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Clarke Willmott are the firm of solicitors appointed by the Insolvency Service to collect IPA payments.
If I were you I would contact the OR and ask what to do with the tax money - I wouldn't want it burning a hole in my pocket!
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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missey
Junior Member
184 Posts |
Posted - 06 May 2008 : 23:03:19
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guess what- My OR is doing an office move today so no one available!!!!! good news- checked my credit report and my discharge has been automatically noted with Experian and Callcredit but not equifax yet
so hopefully will find out tomorrow!! |
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Topic |
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discharged but no IPA- ADVICE PLS
