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Urgent news on IPA's - Changes for BRs after 01/12/2010

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  • Can you tell us if it effects everyone hats br or people who go br from 1st Dec please?
    Is the £99 surplus still the same?
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Can you tell us if it effects everyone hats br or people who go br from 1st Dec please?
    Is the £99 surplus still the same?


    £99 surplus? No. It looks like it will now be anything over £20 surplus will be taken in its entirerity.


    I am sure that DD will be back to give as much info as he is allowed to give when he is able to. I think we are all concerned that it may affect all BRs past, present and future in respects of an IPA.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    From the document.......

    " Existing IPA / o's will continue under the present arrangements, as will any subsequent variances throughout the lifetime of all existing agreements / orders"

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Further.......

    " In all cases from DEC 1st 2010, the FULL amount of surplus income above £20 should be sought via an IPA. It is appropriate to allow each person in the household to be allowed £10 per month for sundries / emergencies. Other allowances should be as per chapter 31 of the technical manual"

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Sorry to be a bit slow, does this mean then that if you are already br and dont have a ipa as had less than 99 surplus this will not effect them?
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sorry to be a bit slow, does this mean then that if you are already br and dont have a ipa as had less than 99 surplus this will not effect them?

    Yes, it should only affect those actually going BR after DEC 1st.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Hi DD sorry to be a pain, now I am being a bit slow, what if you have been declared BR prior to 1st Dec but have not had an IPA because of low income but your income changes after 1st Dec {ie child support payments?}

    I sense you are going to have a busy eve:D

    MC x
    Deep doubts, deep wisdom, small doubts, little wisdom..............
  • MikeJO
    MikeJO Posts: 374 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Crikey.....what a drastic change.

    Won't affect me because I'm already BR and our income is entirely from benefits but that's a significant change.

    Anyone looking at filing in the near future needs to act quickly (if they're lucky enough to have a walk-in service at their local court).
    Procrastination is my middle name....well it would be if I could be ar**d to contact Deed Poll."
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    I read that as current IPA's wont change nor will how they are worked out change if they need to be varied, but with all cases from 1st Dec, the new arrangement will apply (assume it means all cases not already subject to an IPA - it does say ALL and not new). Remember that an IPA can be applied (if you have the surplus) at any point before your discharge date; which is why I assume it means all cases not already subject to an IPA.

    Therefore, I would interpret that as if you are still BR but with no IPA, then after 1st Dec you would pay one if your surplus is over £20. When you get the IPOQ forms I couldn't say; you may not ever get them and ORs may stick solely to new cases (as in new BRs) - I think that this particular bit may be dependent on workload in each individual office but this a surmise rather than fact!


    Nothing is simple; and if we have different POV's then what will the ORs do???
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Just to clear a few points, The Technical Manual the public see if provided under the FOI Act and is basically a couple of months out of date version. I presume that this is done intentionally to allow the OR's to absorb the info and request clarification before it goes public, hence the changes mentioned wont be on the Technicl manual the public see for some time.

    Also on the amounts, Im fairly certain that the law itsself does not lay down any guidelines such as £99 surplus or 50-70%. It simply says that an IPA/IPO should not be made to the point that people would not be able to pay their basic living costs. The Rules you are used to have really just been Insolvency Service Policy and they are free to change them as they see fit
    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.
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