Finally bankrupt and interveiwed, but someone please tell me if they experienced this

angel182

Well I went bankrupt on the 18th of february i was so frightend but the court part was the easy part. I had my interview today it was over an hour long and she was very thorough.

She went through my assets; i was told they wouldnt take my car as i need it for work, I put down 2 grande for my car but it could be a little more she said if it is worth more i have to get a 3rd party to pay the difference between 2000 and what its worth???? i have no one to do that for me.??? my car is 5 years old and in ok condition.

She went through my budget and even though my out goings were pretty much what i earnt she said i may have an Ipa of £50.00 per month i told her I cant afford it??? i had 50.000 of unsecured debts most joint with my husband and our house in which will probably be 50 grand in neg equity.

i have received a cheque from my injury claim for 1600.00 she told me as it is for and injury i cant keep it, if it was for loss of earnings i could keep it??? I was told different on this very sight by someone who has gone through this

Please can someone tell me if they were told all of this but actually it turned out ok and their car was ok and didnt do and Ipa.


Angel xxx

JCS1

IPA - ask for a breakdown of the calculations and then pop your SOA on here.

Personal Injury claim - OR gets the loss of earnings, you get any payment for pain and suffering. Is she mentions this again, pm me and I'll find the link on the Technical Manual.#

fiveyearplan

I too, would suggest you post your soa on here.

angel182

I feel she grilled me so much- other people i know whose cars were two grand and needed it for work have just keep them as need for work. she said a 3rd party will have to pay the difference i my car is worth more.

As for my injury they take the injury part of my claim and i take the loss of earnings which there wasn't any?? she didnt soun too sure to be honest wish i hadnt declared it now its all the money i have in the world!

As for the IPA i have no spare? the table i have seeen on here is 0-99 suplus you pay nothing??? she also took my mileage into account which is not garanteed income?

if my husband who left me in all this mess doesnt have to pay an IPA i will dispute it- he is at home with mummy and daddy!!

angel182

This is my budget as it is on the form:

Income £1550.00

Rent £700
council tax £100
gas/electric £80
mobile £20
home/phone internet £28
tv licence £12
contents insurance £10
breakdown cover £10
clothes for work £40
pet insurance £34 (my dog has conditions i told her that she says i have to prove it)
food/toletries dog food £200
petrol £200 ( my job is an essential car user)
sky tv £28
car insurance £36
water £45
car tax £17.50
hairdressing £10
car maintainence £30
holiday £30
contents insurance £10.00

Total £1640.00
then she asked if i get mileage i said yes i get an average of £60-£80 per month but not guaranteed? she counted that in my budget!!

please can someone help me

angel182

This is my budget as it is on the form:

Income £1550.00

Rent £700
council tax £100
gas/electric £80
mobile £20
home/phone internet £28
tv licence £12
contents insurance £10
breakdown cover £10
clothes for work £40
pet insurance £34 (my dog has conditions i told her that she says i have to prove it)
food/toletries dog food £200
petrol £200 ( my job is an essential car user)
sky tv £28
car insurance £36
water £45
car tax £17.50
hairdressing £10
car maintainence £30
holiday £30
contents insurance £10.00

Total £1640.00
then she asked if i get mileage i said yes i get an average of £60-£80 per month but not guaranteed? she counted that in my budget!!

please can someone help me

TehRoflcopterz

They won't let you have an allowance for sky TV, and I'm not sure about mobile, internet, and holiday either (but others may confirm this)

philnicandamy

angel182 wrote: »

This is my budget as it is on the form:

Income £1550.00

Rent £700
council tax £100
gas/electric £80
mobile £20
home/phone internet £28 Internet wont be allowed unless for work/schoolwork purp
tv licence £12
contents insurance £10
breakdown cover £10
clothes for work £40
pet insurance £34 (my dog has conditions i told her that she says i have to prove it) You'll have to speak to the Vet who treats your dog for proof
food/toletries dog food £200
petrol £200 ( my job is an essential car user)
sky tv £28 WONT be allowed would come from any surplus (if any)
car insurance £36
water £45
car tax £17.50
hairdressing £10
car maintainence £30
holiday £30
contents insurance £10.00

Total £1640.00
then she asked if i get mileage i said yes i get an average of £60-£80 per month but not guaranteed? she counted that in my budget!!

please can someone help me

as JCS1 said the OR is wrong in what she's said you need to ask for a breakdown of calculations & how they come to an IPA...you can always appeal against the decisions (thats why its called an I(ncome)Payment Arrangement)
As far as the compensation is concerned they take loss of earnings you keep pain & suffering....if its mentuoned again i'll post a link to the OR manual (or PM JCS1)

angel182

Can they take my mileage as part of income ?? its not gauranteed!?

debt_doctor

31.7.12 Periodic payments in respect of loss of earnings/personal injury
Under section 101(4) of the Courts Act 2003, [note 4] the bankrupt's right to receive periodic payments in respect of personal injury will not form part of the bankrupt’s estate. This means that the bankrupt will continue to receive periodic payments during, and after, bankruptcy. Section 101(4)(c) of the Courts Act 2003 [note 5] further states that periodic payments received by the bankrupt in respect of personal injury care and medical costs during the period of bankruptcy cannot be subject to the IPA/IPO provisions as they do not form part of the bankrupt's estate. Periodic payments which have already been received by the bankrupt prior to the date of the bankruptcy order will form part of the bankrupt’s estate. Other assets bought with periodic payments will also continue to vest in the trustee.
Periodic payments in respect of loss of earnings remain subject to the IPA/IPO provisions of the insolvency legislation and can therefore be included in an IPA/IPO calculation.


So, it would seem to me that if you received the cheque after your BR date then it is yours to keep.

DD

angel182

Thanks for that i appreciate it but i got the check on the 29th January and it is not cashed yet