When are IP's Appointed

strimmerman · 20 November 2008 at 12:13PM

I just wondered when it is that IP's are appointed? I have just read a thread where someone said that a creditor had insisted on this. Do you have to owe a certain amount of money and actually have assets such as a house for this to be done?

Am wondering as our BR is beacuse the LA petitioned for this over a C Tax debt. They are convinced that I inherited money from my Mum on her death which I didn't and I also have a feeling in the back of my mind they are convinced that we own the house we rent. We don't it is the FIL's. You will see in another thread that my FIL is Mr A N Other and my OH is Mr N A Other so it is possible they cannot get it through their heads that they are 2 seperate people and that FIL has no connection with our BR and that the OR will "find us out".

Yesterday we got a copy of the BR order sent from the solicitors acting for the LA. Although on the BR it clearly states the order was made in the name of Mr N A Other the letter was actually address to Mr A Other....which obviously would be FIL....poss a slip of the pen who knows. Mind you it is stupid as the solicitors who were acting for the LA actually have always dealt with FIL's legal matters and did the conveyancing for the house when he purchased it. They are a established firm who everyone uses but from my own personal experience years ago and not that long ago I would say that their client confidentiality leaves something to be desired.

Why I ask about the IP is that there is still something that they can push for I am sure that the LA will not stop trying any route they can in order to recover this money. The LA debt after all the costs have been added now totals about £5K. At a debt of that level do they have the right to request an IP, does the OR automatically agree to this having no choice even if they know it is pointless as after concluding their investigations find there is no inheritance and no property ownership? They are not my biggest creditor I think they would come 4th or 5th in terms of debt size.

Thanks

LilyBart · 20 November 2008 at 12:19PM

Hi Strimmerman,
It does sound as though they're confused as to the ownership of the house, but since you don't own it, I don't see what the IP can do other than waste everyone's time and, presumably, reduce the amount that your creditors will receive. As far as I understand it, you don't have to be the biggest creditor to insist on the appointment of an IP. All you have to do is insist that one be appointed, at which point the OR writes to the other creditors who have 21 days to register their objection to the appointment of an IP. If they don't object, it goes ahead. Horrid, isn't it?
Lily

skylight · 20 November 2008 at 12:25PM

A quick search of the land registry would show who owns it. That plus a copy of the will etc will prove that you don't own it and have inherited nothing. Don't worry about it.

You will find that this may be co-incidental. Councils for council tax are one of the few who will make people bankrupt, just because they can. You may find that with or without the timing of your Mum passing and the property being passed on you would have been declared BR by the council anyway.

Just let them get on with it and don't worry yourself too much. If you have nothing, they can have nothing. Besides, in the current credit climate they need to justify keeping their own jobs (LOL!)