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Post OR interview advice needed.

Had my OR interview and they won't allow any holiday expenses, other child related expenses or medical/dental expenses.

Has anyone else had this happen ? I was under the impression that these things were allowed.

Also when I explained that the OH's contribution was just for her share of the outgoings they are trying to make me put her whole income down. I tried explaining to the examiner that this shouldn't be the case as she has personal debts of her own which aren't on the forms and that her surpluss after her contribution was hers to do with what she liked and not to help with my situation and shouldn't be taken into consideration for my IPA.

On a better note I was told that the examiner had to speak to the assistant OR as to whether my car would be exempted. Got a call 2 and a half hours after interview to be told it was exempt.

Thanks for any advice.
Bankrupt 07/10/2009

Early Discharge 20/05/2010
«1

Comments

  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Good news about the car! When I had my interview my SOA wasn't discussed. I must admit I didn't have things on there like holiday anyway as my income was low enough in relation to other outgoings that an IPA wasn't an issue so I kept holiday, hairdressing, medical off. If you are likely to get an IPA then you need to ask for his breakdown of expenses he did allow and then come back on here. It may be the case that you have a new examiner and they don't know what they're doing. Definitely don't sign anything you are unhappy with as this is supposed to be an Agreement. Many people on here have questioned and won when it comes to expenses so don't be afraid to question things.

    :j :j


  • FYP has a good point, I know someone who got slaughtered by the OR because she never questioned anything, when I told her about this site, she couldn't believe the mistake she made. I did in fact tell her before the OR IPA call to get on here, but alas she didn't heed my words and when she did it was to late
    Better to be poor than a slave to wealth

  • crowman19
    crowman19 Posts: 371 Forumite
    Thanks for that.

    What most concerned me was that they wanted to use my OH's total income without taking her personal outgoings (CC and Loan payments) into consideration which obviously I hadn't put on the forms. Fair enough saying that I wasn't allowed any holiday expenses as I owed creditors money but I was under the impression that they allowed this.
    Bankrupt 07/10/2009

    Early Discharge 20/05/2010
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You're correct in insisting that you do not put down your OH's whole income, they cannot make her contribute to your IPA, which she would be if you take all her income into consideration and she wouldn't be able to pay her own commitments, so defo stick to your guns.

    As for holidays etc., these are discretionary and unfortunatley you are not automatically entitled to these. However, it would be a very mean OR who would not allow child related expenses, particularly if you have included child benefit in your income.

    HTH
    Accept your past without regret, handle your present with confidence and face your future without fear
  • ToriD29
    ToriD29 Posts: 40 Forumite
    I was told my soa was fine and I had 25/mth for medical and 30/mth for annual domestic break
  • crowman19
    crowman19 Posts: 371 Forumite

    As for holidays etc., these are discretionary and unfortunatley you are not automatically entitled to these. However, it would be a very mean OR who would not allow child related expenses, particularly if you have included child benefit in your income.

    HTH

    I have included child benefit into the I & E, we pay this directly to the OH's mum who looks after the kids during the day as we both work so we don't even get this payment to use towards the kids expenses. The examier said that other child related expenses would have to come from housekeeping allowance ( I put down £500 for this).
    Bankrupt 07/10/2009

    Early Discharge 20/05/2010
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I thought children's school dinners was an allowable expense - Peachy knows what the allowance is.

    :j :j


  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Hi crowman have a god read of this link from the OR technical manual and if necessary quote parts of it to the examiner

    http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part7/part2/part_2.htm
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • I was allowed £250 childcare, hair dressers £13, dental/optical £25, holidays £30 and £35 for daughters swimming and gymnastics. Maybe you could increase the childcare amount to include more of the child related expenses? The OR didnt ask for proof of my child care costs
  • crowman19
    crowman19 Posts: 371 Forumite
    Kids only 18 months and nearly 3. Thanks anyway.

    I guess I wasn't expecting the OR interview to be as "rough" as it was so am a little downbeat at the moment over it all. I am very happy about the car though.
    Bankrupt 07/10/2009

    Early Discharge 20/05/2010
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