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T O P I C R E V I E W
denise.dy
Posted - 05 February 2010 : 15:09:24 Hi, my husband and i declared bankrupcy in Aug, we have 3 children. lost our house and everything as he lost his job and my job didnt earn enough to support us. he now has another job and i dont agree with the IPA we have been given. i completed the form and was very restrictive with the numbers (ie: holiday for 5 £50 per month) yet they disallowed Christmas and bdays and are taking almost £600 off us and not allowing us to put money aside to buy a car as my husband will need one for his job. we currently have access to his dads very old run down jeep which has a fuel leak etc but the O/R says no. is there anything we can do or anyone who we can show the forms too to see if its reasonable. this will be for another 3 years as from May and i really feel we have been through so much holding this over us until May 2013 is too much for me to handle. they are giving us 3 months grace before the 1st payment as we will need to save for a deposit to move from our rented house. any advice would be very gratefully recieved.
1 L A T E S T R E P L I E S (Newest First)
gettingoutofdebt
Posted - 05 February 2010 : 15:17:44 Allowances for Xmas and birthdays are not allowed when you are BR as these amounts need to come out of any excess. Holidays are only sometimes allowed and some people don't get any allowance for them.
Have you signed the IPA form saying that you agree to pay the amount for the next 36 months? If not you can query the amounts and ask for a breakdown of figures. If you still disagree then another person at the ORs office takes a look through the figures and if you still can't come to an agreement then it will go to court for a judge to decide. If the judge decides in favour of the OR then you will have an IPO (Income Payment Order) rather than an IPA (Income Payment Agreement).
If you have signed the IPA form then you have signed to say you agree with the amount and there is probably very little you can do at the moment. If you circumstances change (i.e. you have an increase/decrease in income) then you will need to complete another I&E.
The issue with the car is going to be the same. If the OR doesn't deem you need a car for your job then they are within their rights to deny you allowances for it. If you disagree again you can go to court for a judge to decide.
If you don't get on with your OR then you can probably ask for someone else to deal with your case and see if they are more lenient.
Out of interest do you know what the OR did allow in your expenditure? If you could post the amounts then we can have a look and see if the allowances are harsh or pretty much normal.
