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abd
Junior Member
284 Posts |
 Posted - 27 June 2008 : 11:33:24
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Hi can you advise me on this issue please, I have been declared BR begining of this month. has a attach.of earning against me, by the time OR requested for attach. stay, the court informed my employer
who deducted the money from my salary for my creditor.OR thinks I will not get this money back and should observe next payment. I think this quite a stange situation, due to communication break down between court, employers and OR I have to pay from my salary .What if it happens next time, I feel vulnerable and unable to do anything about it.
Abd |
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melanie_giles
Senior Member
1191 Posts |
Posted - 27 June 2008 : 13:23:43
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You either pay it to the creditor or the OR, so in terms of your own financial position it makes little difference to be frank. The OR should be sorting this out directly with the creditor concerned and getting the money paid back to them directly.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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abd
Junior Member
284 Posts |
Posted - 27 June 2008 : 13:30:09
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Thanks Melanie
Will that mean the OR should contact the creditor
and consider this money as part of their share of IPA.My OR stated clearly to me that this money is gone and has been paid by admin.error, which I find quite strange.My idea was that he should protect my income.
Still my Q is have I lost this money or it will be later considered within the coming IPA?
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 27 June 2008 : 13:32:52
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Hi Abd,
Any attachemnt of earnings orders should have been voided by your BR. The only thing you'd be paing for in BR is an IPO/IPA. This can be seen as preferrential treatment of creditors, and the OR has the power to get the funds back and re-distribute on a pro-rata basis to all your creditors. Your employer cannot deduct any further funds in this way!
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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abd
Junior Member
284 Posts |
Posted - 27 June 2008 : 13:43:08
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Hi Julian
thanks for the reply. should I discuss this with teh OR in this context?. My issue is I did not start
my IPA yet and itis half of the money deducted.i find it unfair that they deduct from my salary an amount more than my IPA and tell me we are sorry itis gone, and then soon I will start my IPA this month, pay again the IPA.I thought the OR shopuld either retain the money or consider that as 2 IPA in advance, or am I dreaming?
Abd |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 27 June 2008 : 13:45:15
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Hi Abd,
I would bring this matter to the attention of the OR straight away and let them handle it.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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Attachment of earning deduction/ when BR
