IPA V IPO Help Pleez

rosielee71

Went Br on 26th July

Does anyone know what happens if you do not agree with the OR's assesment of an IPA I had my interview with the OR and he has assessed that I should pay an IPA of £70 per month I just don't have it!!!!!
He has said that they will take me to court to get an IPO

Will the judge look at my income and expenditure and decide or is it a foregone conclusion??

Also if I get an IPO v IPA will I have to pay longer or more??

Has anyone challenged the OR in court?

Who pays the legal fees?

This is my SOA

Would anyone care to advise ??

Thanks for taking the time out of your day to have a look

Rosie x



Statement of Affairs and Personal Balance Sheet

Household Information
Number of adults in household........... 1
Number of children in household......... 0
Number of cars owned.................... 1 (Mobility Car)
Monthly Income Details[/b]
Monthly income after tax................ 539
Partners monthly income after tax....... 0
Benefits................................ 705.46
Other income............................ 0
Total monthly income.................... 1244.46
Monthly Expense Details[/b]
Mortgage................................ 0
Secured/HP loan repayments.............. 0
Rent.................................... 300
Management charge .. 0
Council tax............................. 55
Electricity............................. 86 (£20 per week in meter)
Gas..................................... 0
Oil..................................... 0
Water rates............................. 0
Telephone (land line)................... 45
Mobile phone............................ 0
TV Licence.............................. 12
Satellite/Cable TV...................... 0
Internet Services....................... 0
Groceries etc. ......................... 220
Clothing................................ 25
Petrol/diesel........................... 70
Road tax................................ 0
Car Insurance........................... 0
Car maintenance (including MOT) 0
Car parking............................. 0
Other travel............................ 0
Childcare/nursery....................... 0
Other child related expenses............ 0
Medical (prescriptions, dentist etc).... 15
Pet insurance/vet bills................. 0
Buildings insurance..................... 0
Contents insurance...................... 15
Life assurance ......................... 13 (whole of life)
Other insurance......................... 0
Presents (birthday, christmas etc)...... 0
Haircuts................................ 10
Entertainment........................... 10
Holiday................................. 20
Emergency fund.......................... 10
Disability Living Allowance............. 310
Total monthly expenses.................. 1196

No Assets

Monthly Budget Summary
Total monthly income.................... 1,244.46
Expenses (including HP & secured debts). 1,196
Available for debt repayments........... 48.46
Amount left after debt repayments....... 48.46

skylight

Have you have a full breakdown from the OR about what he has come up with?? He has worked out a surplus of at least £140 for you to pay £70, so where is that £140 from? Everything else is more than AOK. Do you have reciepts to back all this up in case it does got to court?

The things that you cannot have are the emergency fund and entertainment - so £20. What have you done with the DLA?? Why is that in the expenses? You have listed it in the income as a benefit so you should specify what you have spent it on specifically to show that it covers everything or not included it as income (or the outgoings) in the first place as DLA can only be spent on DLA things that make your life better .

You work?

The OR cannot force you to sign. I would not here, as there is no indication of where he has gotten his figures from. Don't be on the defensive though; email him saying thank you but you cannot agree to the IPA as you cannot understand how he has come up with such a large surplus and please could he send by return a full breakdown of how he has arrived at the figures as you think that a possible error may have occured.

philnicandamy

rosielee71 wrote: »

Went Br on 26th July

Does anyone know what happens if you do not agree with the OR's assesment of an IPA I had my interview with the OR and he has assessed that I should pay an IPA of £70 per month I just don't have it!!!!!
He has said that they will take me to court to get an IPO this is always a last resort....not that many ever end up to be honest

Will the judge look at my income and expenditure and decide or is it a foregone conclusion?? the judge will go through the figures & sonmetimes in cases they've been known to refuse it & tell the reciever to go away!

Also if I get an IPO v IPA will I have to pay longer or more?? if you have a surplus of over £99 a month AFTER living expenses are pain then IPA or IPO it'll still be for 36mnths no matter what

Has anyone challenged the OR in court? yes..cant remember the user name i'll have a dig acound & see if I can find it

Who pays the legal fees? its the receiver who deals with it.

This is my SOA

Would anyone care to advise ??

Thanks for taking the time out of your day to have a look

Rosie x



Statement of Affairs and Personal Balance Sheet

Household Information
Number of adults in household........... 1
Number of children in household......... 0
Number of cars owned.................... 1 (Mobility Car)
Monthly Income Details[/b]
Monthly income after tax................ 539
Partners monthly income after tax....... 0
Benefits................................ 705.46
Other income............................ 0
Total monthly income.................... 1244.46
Monthly Expense Details[/b]
Mortgage................................ 0
Secured/HP loan repayments.............. 0
Rent.................................... 300
Management charge .. 0
Council tax............................. 55
Electricity............................. 86 (£20 per week in meter)
Gas..................................... 0
Oil..................................... 0
Water rates............................. 0 no water rates at all?
Telephone (land line)................... 45
Mobile phone............................ 0
TV Licence.............................. 12
Satellite/Cable TV...................... 0
Internet Services....................... 0
Groceries etc. ......................... 220
Clothing................................ 25
Petrol/diesel........................... 70 seems low especially if your a mobility user..not much milage?
Road tax................................ 0
Car Insurance........................... 0
Car maintenance (including MOT) 0
Car parking............................. 0 you could put a couple of quid in here just in case you had to pay something if you couldnt use your blue badge
Other travel............................ 0
Childcare/nursery....................... 0
Other child related expenses............ 0
Medical (prescriptions, dentist etc).... 15
Pet insurance/vet bills................. 0 £25
Buildings insurance..................... 0
Contents insurance...................... 15 accidental damage cover with this ?
Life assurance ......................... 13 (whole of life) the receiver WILL be interested in this unless you buy back the policy from them (£50)
Other insurance......................... 0
Presents (birthday, christmas etc)...... 0
Haircuts................................ 10
Entertainment........................... 10 never allowed...
Holiday................................. 20
Emergency fund.......................... 10 not usually allowed
Disability Living Allowance............. 310
Total monthly expenses.................. 1196

No Assets

Monthly Budget Summary
Total monthly income.................... 1,244.46
Expenses (including HP & secured debts). 1,196
Available for debt repayments........... 48.46
Amount left after debt repayments....... 48.46

.what you need to do is speak to the office again & ask for a FULL breakdown of how they reached this figure then post back here

the whole idea of an IPA is its an agreement BOTH sides have to agree too..its not as simple as oh well you dont like it we'll go to court

rosielee71

Thanx so much for your swift reply I am often in awe of you Phil personally how much time you put in on this board. Are you angling to be cannonised? (lol BTW I am a serial lurker)

I will take on board all your remarks on my SOA If I do end in court

I do not work the income is a disability pension from my old work

He did ask about the DLA I said I used it for extra clothing and bedding Also I give my sister a little as she comes and does my washing and ironing and perhaps brings me a meal.

I think I am being penalized because of the DLA He did go on about it at the phone interview

I can prove all of the bills There is no water rates as I included that in my CT

It gets a bit harder to prove what I use the DLA for as its mostly ex gratia payments to various peeps who help me do activities otherwise I would be stuck in my flat watching the four walls for three years

skylight

Hold up - so all your income is from benefits/pensions etc in the first place?? So no employment? There should be no IPA put forward then. If your income is made up from benefits (a pension can be classed as one) then tell him so.

Phil or Debtinfo?

philnicandamy

I agree with sky as well though....do you work? i've known OR's in the past when someone works & is in recipt of DLA to ask for a "voluntary" contribution towards an IPA...you can always tell them in the best possible way to "jog on"

I noticed you mention a motability vehicle....and still list DLA on your forms do you get the care & mobility componant?

lalli_pickle

Don't suppose you could keep the DLA and get your 'helpers' to claim carers allowance?

Or get a formal carer?

rosielee71

Yes Sky all of my income consists of Pension/Benefits I am too disabled to work

The OR knows this

Thanx for your help

Rosie x

philnicandamy

skylight wrote: »

Hold up - so all your income is from benefits/pensions etc in the first place?? So no employment? There should be no IPA put forward then. If your income is made up from benefits (a pension can be classed as one) then tell him so.

Phil or Debtinfo?

Nope should be no IPA/IPO if unemployed....sounds to me like the recievers trying it on

I had a similar SOA with motability car & DLA didnt pay an IPA at all

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part7/part1/part1.htm

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part7/part2/part_2.htm

philnicandamy

rosielee71 wrote: »

Yes Sky all of my income consists of Pension/Benefits I am too disabled to work

The OR knows this

Thanx for your help

Rosie x

well in that case dont know what they're playing at.....i'd speak to the office again & ask to speak to the receiver dealing with your case NOT an assistant

rosielee71

philnicandamy wrote: »

I agree with sky as well though....do you work? i've known OR's in the past when someone works & is in recipt of DLA to ask for a "voluntary" contribution towards an IPA...you can always tell them in the best possible way to "jog on"

I noticed you mention a motability vehicle....and still list DLA on your forms do you get the care & mobility componant?

I don't work

I do get highest rate care & mobility

He did not say on telephone that it was voluntary He did bang on about it only being £70 per month and the level of my debt (I kid you not)