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davjo
Starting Member

United Kingdom
10 Posts

Posted - 22 December 2012 :  08:57:58  Show Profile  Reply with Quote
got my discharge today had a call off the official reciever yesteday as there is no IPA in place, he told me he had applied to the court for an IPO but he hasnt sent anything to me in writing, then he wanted a face to face meeting i settled for a telephone interview after the new year dont know why he wants this because i thought i couldnt agree an IPA OR after discharge i thought it would have to go to court can anyone advise.


Edited by - davjo on 22 December 2012 09:16:34

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 22 December 2012 :  13:30:52  Show Profile  Reply with Quote
Hi,

That's good news but no idea why the receiver wants to talk to you.

Keep checking the Insolvency Register and when it shows you as discharged then print that page off in case you need it in the future. If you don't and should require it then it will cost you about £70 from the court.
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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 22 December 2012 :  15:53:19  Show Profile  Reply with Quote
Hi davjo,

The OR has applied to the court before your discharge date, so if the judge agrees with the OR, then you will get an IPO, it doesn't matter that you are now discharged.

You will have the opportunity to go to court and give the judge your reasons why you shouldn't get one.




Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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davjo
Starting Member

United Kingdom
10 Posts

Posted - 22 December 2012 :  19:41:34  Show Profile  Reply with Quote
i actually have wanted to go to court since june, the OR sums dont add up, he contridicts hiself every time he contacts me, want to know why he wants to meet, i dont think he went to court until very late yesterday afternoon, there seemed to be a massive panic after i phoned at 1530 to check on my discharge.
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 22 December 2012 :  21:27:13  Show Profile  Reply with Quote
I think you might have been better having a face to face - you could state your case and offer proof and it might have been easier than on the phone.
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davjo
Starting Member

United Kingdom
10 Posts

Posted - 05 January 2013 :  06:27:39  Show Profile  Reply with Quote
had telephone interview today didnt even get into the nitty gritty that we have been disagreeing on had wifes income wrong we sent a letter to him in june from her employer advising him of an £80 a month drop. he had not included this on his court application and couldnt find a record off it. he as all off a sudden realised now that our daughter is now nearly 17 and in full time education so now needs to class her as a dependant adult not child (his words not mine) so now thinks he is looking for £30 to £40 a month, is he really going to go to court for this amount, We have also taken legal advice and they are saying is court application is not valid if he didnt inform us in writing before the day of discharge of his intent, we have been discharged to weeks and still nothing in writing they seem to think he is using the court as athreat to try to get us to sign into an IPA the advise given is an IPA is no longer an option as it is not legally binding. Any further advise welcome
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 05 January 2013 :  08:08:45  Show Profile  Reply with Quote
Must admit that I was under the impression that once discharged an IPA couldn't be put in place but I'm wondering whether the fact that these circumstances were there before the discharge is why he is going down this route. However, I not an expert in this field and could be totally wrong.

Hopefully Viki will be along later to advise.
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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 07 January 2013 :  10:18:29  Show Profile  Reply with Quote
If the OR applied to court prior to discharge then an IPO can still be given.



Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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davjo
Starting Member

United Kingdom
10 Posts

Posted - 08 January 2013 :  12:24:33  Show Profile  Reply with Quote
Vicky will he not have to re apply due to his figures he has submitted being way off the mark the deputy OR as admitted this to me.


Edited by - davjo on 08 January 2013 12:24:55
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davjo
Starting Member

United Kingdom
10 Posts

Posted - 27 January 2013 :  09:47:58  Show Profile  Reply with Quote
it is now 5 weeks since our discharge not heard anything from court or the OR called him friday for an update said there wasnt one can someone tell me how long we could be waiting for a court date.
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 27 January 2013 :  09:52:58  Show Profile  Reply with Quote
I'm sorry davjo, I've no idea on this.

I hope Viki can pick up on this again.
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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 29 January 2013 :  11:05:58  Show Profile  Reply with Quote
Sorry davjo, I wouldn't know how long the wait would be. I do hope you hear something soon.



Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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davjo
Starting Member

United Kingdom
10 Posts

Posted - 03 February 2013 :  07:11:39  Show Profile  Reply with Quote
Had letter back on friday OR no longer pursuing an IPA/IPO due to there not being enough surplus does say on the letter no further action envisaged. as far as im aware he as now pulled back from court proceedings and i cannott agree an IPA Has i am now discharged. Can anyone tell me what he means by this one liner.

All that is left is the house what do we do now do we contact him to buy the beneficial interest or wait for the 2 years and 3 months.
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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 03 February 2013 :  07:26:19  Show Profile  Reply with Quote
If you want to buy back the beneficial interest then you can contact him now. If you don't, then they will do a valuation at the 2 year 3 month point and contact you. It really depends on how much equity you have if any now?

God news about the IPO, that will be the end of it.



Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 03 February 2013 :  07:51:13  Show Profile  Reply with Quote
Excellent news about the IPA. You can breathe easy now.

I'd certainly agree with Viki that you're probably better off trying to buy the beneficial interest now rather than waiting as the equity is bound to have gone up by then.
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davjo
Starting Member

United Kingdom
10 Posts

Posted - 04 February 2013 :  05:40:58  Show Profile  Reply with Quote
Going off the valuation off zoopla we are £5000 in negative equity.
How much do you think they will be looking for.
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