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

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  • WLITC
    WLITC Posts: 1,029 Forumite
    Part of the Furniture 500 Posts Name Dropper Photogenic
    fermi wrote: »
    Standard IPOQ that everyone gets sent.

    Normally like this, if they haven't changed them.

    ----> Page 1
    ----> Page 2
    So can I clarify, is everyone meant to get a IPOQ form sent to them a few months before discharge. I was under the impression (and reading various threads over the months) that IPOQ's are typically only sent to people who have probably advised the OR of a change of circumstances or as part of the ED process. I've seen lots of comments about people going to court/having the OR interview and never hearing from the OR again and then getting AD.

    I don't know all nohopes story (I have briefly scanned her post/diary) but could it be that processing her case/BR has taken this long (I see she has to sell her property or something?). Rather selfishly its now got me stressing again about getting an IPA. I finally stopped stressing again (after seeing the rules changes at the end of Nov) and now I'm seeing someone is getting reassessed possibly weeks before they are AD? Is the IS on a money grabbing expedition trying to catch soon to be discharged BR's under the new rules/surplus?
  • ani_26
    ani_26 Posts: 3,700 Forumite
    fermi wrote: »
    Standard IPOQ that everyone gets sent.

    Normally like this, if they haven't changed them.

    ----> Page 1
    ----> Page 2


    No, they have'nt changed them.

    I'm going to call in to the office, to sort this out, so i will let everyone know the outcome, as soon as, and hopefully the information may help anyone else, in my situation.

    Take a deep breath, and go into the office that fills me with trepidation, every time i go. And everytime i go, i think, please god, let this be the last time.

    Nohope
    Debt free - Is it a state of mind? a state of the Universe? or a state of the bank account?
    free from life wannabe


    Official Petrol Dieter
  • ani_26
    ani_26 Posts: 3,700 Forumite
    So can I clarify, is everyone meant to get a IPOQ form sent to them a few months before discharge. I was under the impression (and reading various threads over the months) that IPOQ's are typically only sent to people who have probably advised the OR of a change of circumstances or as part of the ED process. I've seen lots of comments about people going to court/having the OR interview and never hearing from the OR again and then getting AD.

    I don't know all nohopes story (I have briefly scanned her post/diary) but could it be that processing her case/BR has taken this long (I see she has to sell her property or something?). Rather selfishly its now got me stressing again about getting an IPA. I finally stopped stressing again (after seeing the rules changes at the end of Nov) and now I'm seeing someone is getting reassessed possibly weeks before they are AD? Is the IS on a money grabbing expedition trying to catch soon to be discharged BR's under the new rules/surplus?


    I'm sorry its stressing you out too. Yes i am undoutably being reassessed weeks before my AD. The only good news is, they can't have what i don't have, or can they?

    I will let you know the outcome of all this, as soon as, because there seems to be only one way to find out.
    Debt free - Is it a state of mind? a state of the Universe? or a state of the bank account?
    free from life wannabe


    Official Petrol Dieter
  • BB&B
    BB&B Posts: 160 Forumite
    OK just to clarify for everyone:

    When you first enter into bankruptcy you complete your statement of affairs, and from this the initial calculation are done to see if you are are going to get an IPA (I am ignoring any potential NT Tax IPA for now)

    Out comes

    Yes you get an IPA/O
    No you dont get an IPA/O

    Now after a few months the examiner is meant to ask you to complete another form called an IPOQ to see if your circumstances have changed. So if you have an IPA it could be varied or if you dont have an IPA you may start one.

    HOWEVER

    In some offices this doesn't always happen, especially if the bankrupt:

    • Is retired
    • Is long term sick (so wont be working)
    • Is 'assessed' as having little chance of having a large enough IPA in place (such as low earning potential clients)
    • Etc.

    So yes everyone is MEANT to get an IPOQ, but as with most things this doesn't always happen (Off record this doesn't happen in about 30% of cases so I have been informed!).

    In the OPs case I very strongly suspect as it is so late and the OP is self employed (So DEFINITELY should have had one at the very minimum) that it is an office going whoops we dropped something, and that is all.

    If they were looking at an IPO they would have offered an IPA to start with, you would then have a cooling off period (14 days) toi say yes or no, and then if you say no the IS can move to going for an IPO. So that doesn't apply here!!

    Tim
    I Also Post On Other Forums

    My advice is guidance only, if you want the law then consult a lawyer
    Please note that I DO NOT give advice by Private Message, this is to protect both you and me. However you can draw my attention to a particular topic by PM
  • ani_26
    ani_26 Posts: 3,700 Forumite
    edited 22 December 2010 at 8:22PM
    Thanks for your replies guys xx

    So basically, they can send a form out for an Income Payments Order, whenever they like,or should i say, at any time, omitting to tell you not to panic, because its not really an Income Payments Order.

    Hmmmmm..............................................
    Debt free - Is it a state of mind? a state of the Universe? or a state of the bank account?
    free from life wannabe


    Official Petrol Dieter
  • BB&B
    BB&B Posts: 160 Forumite
    Nohope wrote: »
    at any time, omitting to tell you not to panic, because its not really an Income Payments Order.

    Hmmmmm..............................................

    Yep

    Its called the Civil Service!!! :p:p:p:p
    I Also Post On Other Forums

    My advice is guidance only, if you want the law then consult a lawyer
    Please note that I DO NOT give advice by Private Message, this is to protect both you and me. However you can draw my attention to a particular topic by PM
  • ani_26
    ani_26 Posts: 3,700 Forumite
    BB&B wrote: »
    Yep

    Its called the Civil Service!!! :p:p:p:p


    Too right.

    I bet you'll be waiting for me !!!!!!...........................
    Debt free - Is it a state of mind? a state of the Universe? or a state of the bank account?
    free from life wannabe


    Official Petrol Dieter
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Hi no hope, did you have a change in circumstances and did you tell them, If so then this is why you would be getting an IPOQ. Also if you are self employed then they will usually sent 1 or more during the course of the bankruptcy to check up if you are yet making a profit and have surplus income. If you have no surplus the that will be the end of the matter, its just a matter of doing a periodic check
    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.
  • alastairq
    alastairq Posts: 5,030 Forumite
    because its not really an Income Payments Order.

    as it happens, Nohope, you really are worrying over nothing.

    honest.

    during the time I've spent on this forum, I've noted how virtually everybody who became BR, had their financial life unfold like a timetable...and the IPOQ was part of it [usually as a precursor to the OR seeking an ED..or thinking about it.]

    In my own case..once things had been forwarded to the RTLU, an IPOQ came and went..[basically repeating my Pre-BR SOA, with some additional expenses].......and such was the chaos up on Wearside, it got lost in someone's in-tray..resulting in embarrassment on the part of my 'handler'... and a copy emailed to him.

    This may well be the case in your instance...that the OR's office [don't forget, all agency staff have disappeared]...is snowed under.....and they are simply playing catch-up to 'tick the boxes'....

    There really is no confusion over the title of the form, IPOQ....


    any BR would know soon enough if the OR was seeking an IPO from the Court..... firstly, there would be a file 13-full of letters arguing over the imposition/value of an IPA.

    Then there'd be a letter from the Court notifying the BR of the application...so that the Court can see evidence of the BR's argument....maybe even seek personal representation?

    Then there's be written confirmation of the Court's decision.....


    ''Orders'' don't come out of thin air....honest....unless one side has buried head in sand?
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • ani_26
    ani_26 Posts: 3,700 Forumite
    Phew

    No,definitely don't have my head buried in the sand, this time. This is the first i've heard of this one, unless many letters have been lost in the post.

    Thanks guys, i might actually get some sleep tonight, though its been a Bad afternoon. I will let you know the outcome in due course.

    Nohope xx
    Debt free - Is it a state of mind? a state of the Universe? or a state of the bank account?
    free from life wannabe


    Official Petrol Dieter
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