Still not started IPA after 2 years!

dalip

Agree with pixie tiki.:D


Only going on my experience but maybe it's clark willmot who are at fault here not the OR,as they are the collecting agents for the IS service. Don't really know how it works,though.D

blind-as-a-bat_2

Actually i wonder what the actuall wording says, but in theory if you filled in all the paperwork and sent it it back but they didnt actually set it in place and commence it i wonder if they can now after your discharge

As an IPA must be arranged and started before discharge im wondering if they missed the boat

Either way you did what you where supposed too and chased it so your in the clear so to speak IMO

The agreemant you signed was 36 months payments so if they do start it now that would stand in my view

tigerfeet2006

Just out of interest how much was the IPA for that you signed the DD for?

december

Just random ponderings from me: I wonder if there was an issue with the NT code not being applied and therefore there was no payment to be collected (as in a mistake somewhere along the line as). I agree with the others posted though as surely the OR should have notified them if there was a problem? (I may be looking at things through rose tinted glasses tho as I have imbibed a glass or two of wine )

December

tikifish

Thanks for all the posts guys!
I was just thinking about all your comments and it does seem that I have may have slipped through.
If not there would surely be consequences as we all know if you are not paying loans, credit cards etc you will recieve silly amounts of letters and calls chasing the payment but I have heard nothing.
I filled in the forms called them a few months later to see what was going on and haven't heard a thing for the last year and a half

Is there anyone here that can confirm if an IPA can be legally started post discharge???

blind-as-a-bat_2

31.7.43 Consent of bankrupt to the IPA

Once the official receiver/trustee has agreed with the bankrupt the amount to be collected under the IPA, the bankrupt's consent to the agreed IPA should be obtained in writing at the earliest opportunity, remembering that the IPA can only be entered in to prior to discharge and is only valid where it is both signed by the bankrupt and the official receiver/trustee prior to discharge (see paragraph 31.7.2) [note 3] [note 4] [note 5].

That would say it can if you have signed it before discharge.

blind-as-a-bat_2

Income Payments Agreements -IPAs Introduction
December 2006


31.7.2 Introduction to the IPA

Provision is made by section 310A [note 1] for the trustee or the official receiver and the bankrupt to enter into a written agreement that the bankrupt, or a third party on behalf of the bankrupt, will make regular payments of a specified amount or proportion of the bankrupt’s income into the estate for a specified period. An Income Payments Agreement (IPA) is a binding agreement, the terms of which are enforceable as though it were an Income Payments Order (IPO).

The agreement must specify the period during which it is to have effect , which may end after the date of discharge, but which may not exceed a period of three years, beginning with the date on which the agreement was made. [note 2]

An IPA can be agreed early on in the proceedings as the official receiver can set up the agreement where appropriate even before he/she is trustee, the legislation providing that the IPA can be agreed between the bankrupt and the trustee or between the bankrupt and the official receiver.

An IPA can only be entered into prior to the discharge of the bankrupt [note 3] and only comes in to force when the official receiver or trustee signs it [note 4]. This means that in order to ensure the IPA is valid, the agreement must be signed by the trustee or official receiver prior to discharge. The bankrupt can be allowed up to 14 days (or longer, if specified by the official receiver) to sign and return the agreement [note 5] and the policy of the Service is to allow a 14 day "cooling off" period after the bankrupt has signed the agreement (see paragraph 31.7.42). The official receiver should sign and date the agreement at the earliest opportunity, as soon as the relevant time period has elapsed, in order to validate the IPA [note 6]. It is especially important to allow enough time for the IPA to be validated where an application is to be made for early discharge (see paragraph 31.7. 39).

And that say much the same, maybe your OR/trustee forgot to sign it

Note it says "The agreement must specify the period during which it is to have effect " now if that was from x to y date or 36 months after X date it will become unenforceable after that the way i see it but it would depend on how it was worded

Billy_Liar

Would be very curious to know if the statute of limitations applies here: ie if they haven't taken anything after six years it's too late...

tikifish

Thanks Blind-as-a-bat some good work there!
Im still undecided as to what Im going to do but I have to contact them to advise a change of address which may remind them I haven't paid yet. I think I will keep quiet and if it happens it happens.

It's a very interesting point "The agreement must specify the period during which it is to have effect ". Like you say it would suggest that once that date has been reached it would be unenforcable. I am going to dig out my paperwork and see what the dates are.