| T O P I C R E V I E W |
| Crockett |
Posted - 10 February 2009 : 22:11:22
Hi,
I had my OR interview last Weds and it kind of went ok. The OR I had was covering as the one meant to phone me had just phoned in sick so she wasn't familiar with my forms. Anyway she agreed my IPA and that the start date would be 10th of April, said the forms would have to go to someone else to decide about a BRU as there may be a case of me having taken out credit knowing I wouldn't be able to pay it back but that they'd be in touch and she exempted my car and said she'd send out a pack about the BI in my home as I have third party to buy it. Anyway to get to the point someone else from the ORs office phoned me today querying the details of the cars I ahve had over the past two years. Asking me who I sold them to and why I bought them etc.
Basically my probs started about 8 yrs ago when I was in an abusive relationship and made to have all credit in my name which stayed with me when relationship ended. Probs further exacerbated by alcoholic father for whom I am ssolely responsible and had to support both emotionally and financially on and off. The got into another relationship with someone supported financially as they were a full time student, included living expenses and I had two cars in my name one for them and one for me. This relationship ended Nov last year as they had finished Uni but had no intention of getting a job and contributing. Had a few cars over the past two years due in part to a run of bad luck in that they all seemed to be duds so I had to get shot and move on. None of them worth loads on money approx £1000 each. Do you think these extra questions today mean I am in serious trouble and am definitely getting a BRU?
Sorry for waffling but is really worrying me, crockett |
| 15 L A T E S T R E P L I E S (Newest First) |
| Crockett |
Posted - 12 February 2009 : 18:37:05
Just wanted to add that last week I did post about myy positive OR experience but all that's happened this week has left me a bit confused, upset and stressed. I'm sure this is not usual so didn't want to worry people unnecessarily.
Crockett |
| Crockett |
Posted - 12 February 2009 : 18:34:21
Thanks Melanie,
I just seem to be getting a lot of mis-information from my ORs. In your experience is it allowable to claim an amount for meals for work? |
| Melanie.n |
Posted - 12 February 2009 : 18:09:38
Hi there
the BI does not conern the mortgage company at all and they would not even be notified - In a case with a property in negative or no equity situation the OR will send an automatic letter to the bankrupt party(ies) offering the purchase of the BI (which in effect is the removal of his name from the land reg) for £1 plus £211 costs - the mortgage company do not even get informed of this administrative process. When a BO is made the land registry are automatically notified and the OR's name is recorded on the property - this allows the OR to sell the property in the event of their being equity - if there is no equity he will do the offer to sell BI to 3rd party - in effect this is a administrative process of dealing with a bankruptct house. The OR has to deal with the property as it is in effect in his name - the selling of the BI removes his name and any interest he has in the property.
I hope this clears this up for you
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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| Crockett |
Posted - 12 February 2009 : 17:59:14
Just wondering if anyone does know about my question regarding the BI.
Cheers |
| Skippy |
Posted - 11 February 2009 : 21:19:00
I'm sorry to hear that you've had a bad experience with the OR Crockett and I really hope you can get this sorted out x
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/
20 IPA payments made, 16 to go - on the home straight! |
| Crockett |
Posted - 11 February 2009 : 21:10:23
Sorry for my bit of a rant earlier, I was just so upset that what I thought was all sorted turned out to be completely not the case and there was me beginning to look forward to the future at long last...
Anyway this second person I spoke to today also mentioned that some mortgage companies don't allow a third party to take over the BI in your house (mine's in neg equity). Has anyone experienced this and does anyone know if Northern Rock allow it?
Crockett |
| Jane.l |
Posted - 11 February 2009 : 17:55:06
We were told at our OR interview that there would be no IPA, then I got a phone call a week later saying they wanted one and I was told to go and try and claim some benefits so they could have the IPA! I was not happy at all, I tried to claim benefits but was not allowed any. We did not hear anything else from the OR until we got a ED I&E form through and then they tried again for the IPA, even though nothing had changed! It was a struggle but we managed to avoid one in the end |
| Melanie.n |
Posted - 11 February 2009 : 16:59:52
Just speak to them and make them go through everything with you, make sure you fully explain car costs and why (car Maintenance tends to by £20 per month max) it is important that you agree (and it is agree) that you have a workable and affordable budget. Stick to your guns, and if unfortunately she refuses to budge, ask to speak to either the first person you spoke to or the Assistant Official Receiver (AOR). Hopefully you will have a better response with them (don't worry to ask to speak to the AOR this happens all the time
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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| Crockett |
Posted - 11 February 2009 : 16:43:00
Hi,
It's more to do with the fact that the first lady from the ORs office agreed with all my income and expenditure but now the second lady is saying that the first lady shouldn't have done that. I am a single person so was aware of the housekeeping amount being £187 however due to working full time, long hours in a highly presurised environment I put down £240 as from reading the forum I thought an allowance of about £2.50 was allowed per day for meals for work. First lady said yes no problem lady today said no allowance for meals for work has to be paid for out of £187 per month housekeeping!! Also first lady said Sky ok lady today said no way allowed - fair enough no problem with that. First lady said that as I didn't put down domestic break she would allow the £38 dog insurance for my two dogs second lady today said no this would be the £21 allowed and nothing for domestic break. I had put down £20 per month for home maintenance as I need to do stuff like putting on doors and putting up a ceiling where there isn't one plus boiler servicing etc first lady said yes second lady said no this isn't allowed. Second lady today said there is a problem with the amount I have put down for travel £150 my train ticket costs £75 a month other £75 I put down for petrol back and forth train station and to take dad to hospital and visit him and try to get him to realise life is worth living. Second lady says will have to provide receipts to prove it first lady no problem. There also seems to be a problem with my car tax and maintenance figure of £60 my tax is £180 per year so £15 a month. I have a very old car N Reg so need some money put aside for repairs MOT etc. It has cost me £140 so far this year unfortunately!! Sorry to go on but I've just had such a shock I really thought eveything was sorted after my interview last week and now feel as if everythings going wrong again. I had worked out all my finances following the interview last week as payments were due to start 10th April but now with them being more than doubled I'm all in disarray again. |
| Melanie.n |
Posted - 11 February 2009 : 14:43:50
give them a ring back and ask them to explain the difference in the figures - you never know they may have made an error they are human after all
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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| Crockett |
Posted - 11 February 2009 : 14:06:05
Arghh!! I'm so annoyed. The OR has just phoned me again to say that despite being told by the OR last week that my IPA payments would be £108 and would start on the 10th April, they now can't agree with some of my allowances that the lady last week said were fine and that my payment would be £234!! Not being funny but that is over double what I had been told was agreed last week and was given no impression that this was likely to change. The lady today said it would all be sent out in a letter and I would have to keep receipts etc to prove expenditure. Why tell you one thing and arrange the first payment and then phone you a week later and shatter everything you thought was going to be ok. I think I'm definitely going to dispute this. Do you think it's worth it? |
| Skippy |
Posted - 11 February 2009 : 08:55:26
A BRU is a Bankruptcy Restriction Undertaking. This means that although you are discharged after a year, you would be subject to the restrictions of BR for a further 2-15 years depending on the severity. If the OR feels that a person has been reckless they may get a BRU.
If the BR refuses that, the OR can apply to the court for a BRO - a Bankruptcy Restriction Order, which is generally slightly longer than a BRU, but still lasts no more than 15 years.
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/
20 IPA payments made, 16 to go - on the home straight! |
| pigsick |
Posted - 10 February 2009 : 23:20:20
Hi
Forgive my ignorance but what is a BRU. Can someone explain please.
Thanks
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| pix1 |
Posted - 10 February 2009 : 23:14:39
crockett,
i hope you did not raise the issue of a possible bru yourself. that subject is best left not discussed if possible.
john,
i like your latin sign off.
here is another one:
Legum servi sumus ut liberi esse possimus
also - apt for bankruptcy being a blessing in disguise:
Saepe creat molles aspera spina rosas
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| John |
Posted - 10 February 2009 : 22:41:33
Hi
as long as you did not sell or transfer any of the vehicles undervalue then you can change vehicles as often as you like. Buying "duds" at that value I would see as quite plausible, the 2nd hand car market in that price range is a minefield.
Just give full explanation step by step.
Nothing in your post suggests to me you are looking at a BRU but of course I realise there may be other aspects of your case which need further consideration by the OR.
timendi causa est nescire
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