| Author |
 Topic  |
|
|
LadyJay
Starting Member
36 Posts |
 Posted - 04 August 2010 : 23:10:39
|
I became bankrupt in March this year and about a month ago was sent paperwork for a possible ED. I received a letter this morning from my OR saying they want me to start making payments of £153.00 per month from October. My I&E has not changed, apart form my rent increasing! And I can see on the paperwork they sent through that they have actually reduced the amount I can spend on housekeeping and have reduced a couple of other outgoings that have never been picked up before. Is it ok to send them an email (a polite one of course) saying that my circumstances have not changed and that I cannot afford to pay £153 as the only money I have left over is £70.00 each month?
Many thanks |
|
|
gettingoutofdebt
forum expert
2418 Posts |
Posted - 05 August 2010 : 08:56:56
|
Yes, that's fine. The IPA is an agreement between you and the OR so you are within your rights to query the payment amounts.
It sounds like you case has been handed to the RTLU and they have changed the amounts (housekeeping, etc.) you are entitled to. This seems to happen quite often as the RTLU can be very strict with the outgoings in order that you get an IPA.
Send them an email/letter explaining that your outgoings have increased due to the rent increase and there is no way you can afford to pay £153. |
 |
|
|
Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 05 August 2010 : 10:23:28
|
I agree with Gettingoutofdebt, it does sound as though your case has been referred to the RTLU.
When I had a pay cut last year my IPA was reassessed by the RTLU and I felt they were quite harsh.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
|
|
|
moodybluetwo
Junior Member
156 Posts |
Posted - 05 August 2010 : 10:59:46
|
| What is the "RTLU" ? |
|
|
|
Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 05 August 2010 : 11:13:50
|
Regional Trustee Liquidation Unit - they deal with assets and IPAs.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
|
|
|
LadyJay
Starting Member
36 Posts |
Posted - 05 August 2010 : 20:43:42
|
Thanks for your responses :-). I have sent my OR a 'nice' email explaining my reasonings why I am unable to make that payment each month and reconfirmed my I&E.
I've not had any reply so far today but just going to keep my fingers crossed.
|
|
|
|
LadyJay
Starting Member
36 Posts |
Posted - 08 September 2010 : 15:33:01
|
Hello again.. further to my post at the beginning of August I have today received a letter from my OR saying that they have reassessed my income and instead of setting an IPA at £153 per month, they have reduced it to £55 per month.
I am still not in a position to afford this monthly spend - where do I stand now? Do I write back for a second time explaining I am still unable to sign the IPA paperwork for this amount - can they enforce me to pay an IPA?? If I sign the paperwork they wont be able to collect the monthly £55 so what happens when it fails?
|
|
|
|
debtinfo
forum expert
2826 Posts |
Posted - 08 September 2010 : 16:00:37
|
Have you asked for a breakdown of how they arrived at their figures.
Ultimtely if you cannot agree then they can ask the judge to make a decision of what if anything you should be paying, But the first thing to do is to look at where you are disagreeing to see why |
|
|
|
gettingoutofdebt
forum expert
2418 Posts |
Posted - 08 September 2010 : 17:01:32
|
| Yep, ask them for a breakdown of their figures. There is nothing wrong with this and you are entitled to know how they arrive at their IPA figure. |
|
|
|
LadyJay
Starting Member
36 Posts |
Posted - 08 September 2010 : 17:08:17
|
Thank you for your quick responses.
They gave me a breakdown the first time I questioned how they thought I could afford an IPA of £153. I could ask them again - can they start charging me an IPA if I do not sign and return the forms within the next 7 days?
|
|
|
|
debtinfo
forum expert
2826 Posts |
Posted - 08 September 2010 : 17:15:49
|
| no they cant, they can only impose a payment if they went to court at which time you would be able to put a counter argument forward |
|
|
|
LadyJay
Starting Member
36 Posts |
Posted - 08 September 2010 : 17:41:48
|
That's a relief. I will put a letter in the post tomorrow asking for a breakdown then take it from there I think.
Thank you very much for your responses :-)
|
|
|
|
LadyJay
Starting Member
36 Posts |
Posted - 16 October 2010 : 14:50:30
|
Hi everyone,
Further to my previous posts - I have received a letter from my OR listing the amount allocated for my outgoings for food, car etc and they have worked out that I am £11 over my £99 threshold which is why they want to charge me £55 per month.
They have not allowed me any 'spends' for birthdays - can I argue this?? I have also only been allowed £10 for dry cleaning allowance (I have to dry clean my trousers and jacket for work) but it is actually higher than this.
Also, if I sign and agree to the £55 and earn any monthly bonuses from work (unfortunately it doesnt happen that often!) do I loose the whole bonus or do the OR take 50-60% of it?
|
|
|
|
Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 16 October 2010 : 15:11:06
|
There is no allowance for birthdays in BR, you are expected to fund them from your surplus.
I don't know what the upper limit for dry cleaning is, but if you pay more than £10 you will need to produce receipts to prove this to the OR.
I'm not sure about bonuses, as I think this depends on the OR.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
|
|
|
Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 17 October 2010 : 10:20:02
|
Hi Ladyjay,
As far as I am aware ED cases don't go to an RTLU. You would have been sent an IPOQ(income expenditure questionnaire as part of the ED process)by the OR office that dealt with you originally. When you send the IPOQ back, the examiner will assess it for any possible IPA.
The reason for the IPA, is that since March examiners have been instructed to scrutinise income/expenditure in more detail, as they are not getting revenue in from other sources(i.e. bankrupts who have equity in their property), so whereas expenditure on say utility bills would have been allowed without seeing the actual bill(because the OR works off an household expenditure survey), they will now demand to see it.
So that is more than likely why you have had the IPA imposed. But as other experts have posted you can appeal the OR's decision, as IPA's shouldn't be entered into,if it will reduce your income needed to provide for domestic needs.
As for birthday treats that won't be allowed, but if you can justify the dry cleaning then it can be allowed, as long as it is neccessary, as there is no upper limit on dry cleaning.
This is an extract from the OR'stechnical manual:
31.7.23 Dry cleaning costs
If the official receiver/trustee considers the amount claimed in this regard is excessive, further explanation should be sought from the bankrupt and a more reasonable allowance included if the bankrupt cannot justify the original amount claimed.
Hope this helps
Big Al |
|
|
|
LadyJay
Starting Member
36 Posts |
Posted - 18 October 2010 : 15:32:35
|
Thanks traceyjr and big al, I really appreciate your responses :-)
I have sent a letter to my OR today enclosing receipts etc and await their response.
Thanks again.
|
|
|
| |
Topic |
|
I became bankrupt in March this year
