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 bankruptcy postbag for july
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maizie
Average Member



United Kingdom
566 Posts

Posted - 01 July 2008 :  13:05:53  Show Profile  Reply with Quote
I owed my parents some money and I pay them £30 a month. When I went into my IVA they told me this couldn't be included unless my dad came forward as a creditor. I didn't want this to happen as my father is unaware of my IVA. They told me I could continue to pay this but it would have to come out of my contingency money.. which is what I have been doing.

I am now completing the forms for bankrupty and on my bank statements it shows a bank transfer of £30 a month to my father... will the OR want this money back from my father?



Maizie

Suzanne
Average Member



United Kingdom
869 Posts

Posted - 01 July 2008 :  14:01:30  Show Profile  Visit Suzanne's Homepage  Reply with Quote
Hi maizie

I don't think so. As at the time you were paying your dad you were also paying into the IVA and so paying your other creditors.

What they will say is that you can't continue to pay him as that would be a preference.


Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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maizie
Average Member



United Kingdom
566 Posts

Posted - 01 July 2008 :  14:15:41  Show Profile  Reply with Quote
So even if on my bank statements it shows the transfer each month, I have been paying this a few years now it wouldn't be a problem?

They wouldn't see that as preferential treatment? As you say I did pay my iva/creditors.

It just so happens my last payment to my father was this month!

Maizie
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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 01 July 2008 :  14:59:52  Show Profile  Visit Suzanne's Homepage  Reply with Quote
That sounds find maizie, and it probably isn't that much money anyway, not enough for them to be concerned about. £30 a month could be anything and they probably won't even notice.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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maizie
Average Member



United Kingdom
566 Posts

Posted - 01 July 2008 :  15:15:35  Show Profile  Reply with Quote
They definately will notice as my surname is unusual and it goes to my father of the same name!

Maizie
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melanie_giles
Senior Member



1191 Posts

Posted - 01 July 2008 :  21:27:22  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
Although you have been preferring your father throughout the IVA, I am inclined to agree with Suzanne that the amount is relatively immaterial and unlikely to cause too much concern with the OR.

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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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 02 July 2008 :  11:31:40  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Mazie,

Given the amount, I doubt it would even appear on the OR's radar. You should be fine!

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
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maizie
Average Member



United Kingdom
566 Posts

Posted - 03 July 2008 :  13:18:44  Show Profile  Reply with Quote
I've just emailed my IP to find out about this situation and he said that the OR may ask for the money back because it would be seen as preferential treatment and that if my father was a creditor at the time my IVA was approved, I shouldn’t have paid him outside of the IVA.

This wasn't what my IP told me at the start of the IVA... they said it had to come out of my contingency money if I wanted to continue to pay him!

I can't cope with this anymore.... one minute Im being told one thing, then next another! argh!



Maizie
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melanie_giles
Senior Member



1191 Posts

Posted - 03 July 2008 :  23:55:50  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
Which firm are you with Maizie?

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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maizie
Average Member



United Kingdom
566 Posts

Posted - 04 July 2008 :  09:00:36  Show Profile  Reply with Quote
Hi Melanie

I am with Accuma.

Maizie
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 04 July 2008 :  16:52:45  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Mazie,

If you are going BR, it's a moot point. I will say that if you proceed with BR, ensure your IP has sent a letter/certificate of failure of your IVA to take with you to the court or you could be turned away.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
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