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

ani_26

Hi all.

Just to let you all know, i've had some really good news for the first time in, well, years. I've been to the dreaded office and as luck, hmm, would have it, my examiner was outside having a smoke, ( they are human after all ), and recognised me. I was struggling to fill in the ipoq, because currently my outgoings are probably 3 times my incomings.I had to hold my hands up and admit i'm still in a huge financial mess, due to the fact i've not been working, and now i am working again, the irregularity, of my pay.


But the good news is, they gave me an xmas present. They are allowing me to try and rebuild my undoutably shattered life. There may be people here that don't agree with this, and i DO hold my hands up and admit its my fault i'm in this mess, and i should pay my debts. However i'm honestly not in a position, to do so.


So i've been told i won't receive an ipa, ipo or a bro. I could hardly believe it. Its still sinking in. But they said its not in the public's interest to give me a bro, (which was something else i'd had hanging over me ). So maybe now, its time i stopped being so hard on myself, and try and focus on getting through these next few weeks. With the advent of 2011, i never thought i'd make it through 2010, but now the countdown to my AD really can start, hopefully just like anyone else that is approaching AD. I know which agent is selling my former home, because my ex neighbour has told me, so all that will remain, is for the house to be sold. I still do have it at the back of my mind, the lenders will ' come after ' me when this happens, but it is at the back of my mind, now.


So my thanks to the is too, as i'm sure someone ' out there ' will identify me. They have, been as helpful and understanding as they could, under these circumstances, and i would advise anyone, they ARE approachable, and to be as honest and as open with them as possible, about all your affairs.


I wish everyone on the bankruptcy board a very peaceful 2011.



Nohope xx

tigerfeet2006

.NH that is fantastic news, I am so chuffed for you. Now the only way is up. All the best for 2011, may it be a happy, healthy and prosperous year for you.

ani_26

Thankyou so much tigerfeet2006, you've brought tears to my eyes. Its all been such an emotional rollercoaster, to say the least. I think probably what i was trying to say is that sometimes we all sometimes get so wrapped up in the protocol of form filling, we tend to forget that people are human, too.


All the best for 2011 tigerfeet2006


with kind regards Nohope

savingwannabe

Well done No hope seems like things are calming down at last. I wish you a peaceful happy new year. big hug, kitX

Tupperware_Queen

wow great news NH

onwards and upwards in 2011 then!!

tigerfeet2006

Nohope wrote: »

Thankyou so much tigerfeet2006, you've brought tears to my eyes. Its all been such an emotional rollercoaster, to say the least. I think probably what i was trying to say is that sometimes we all sometimes get so wrapped up in the protocol of form filling, we tend to forget that people are human, too.


All the best for 2011 tigerfeet2006


with kind regards Nohope

That is it exactly NH. Thank you for your good wishes to.

I am sure you have already but can I say get yourself aquainted with the rest of the forums on here and make sure you are making the best of the money that you earn.

plap

Very interesting thread this... My situation i feel is unique.
I Went Bankrupt in October 2002 and immediately filled out all the relevant income and expenditure forms. I had to make regular payments of £100 per month. Unfortunately due to a change in circumstances I was no longer able to make these payments but (stupidly) just ignored any correspondance and then my automatic discharge was suspended indefinitely.. Now in 2010 I thought It was about time I contacted the OR to find out how to have the suspension lifted. They have now lifted the suspension and want to start another IPA for £125 per month for the next three years (My surpus is about £200). My question is whether they are supposed to do this or am I still assessed under different rules as I went BR in 2002?? The office that I am dealing with have made so many mistakes that I have lost all confidence that they are doing the right thing.....
Any help guys?

debt_doctor

plap wrote: »

Very interesting thread this... My situation i feel is unique.
I Went Bankrupt in October 2002 and immediately filled out all the relevant income and expenditure forms. I had to make regular payments of £100 per month. Unfortunately due to a change in circumstances I was no longer able to make these payments but (stupidly) just ignored any correspondance and then my automatic discharge was suspended indefinitely.. Now in 2010 I thought It was about time I contacted the OR to find out how to have the suspension lifted. They have now lifted the suspension and want to start another IPA for £125 per month for the next three years (My surpus is about £200). My question is whether they are supposed to do this or am I still assessed under different rules as I went BR in 2002?? The office that I am dealing with have made so many mistakes that I have lost all confidence that they are doing the right thing.....
Any help guys?

Hi,
Yes, very interesting.
Of course your BR was prior to the Enterprise Act where many of the rules were different.
My thoughts are that in this situation, and now that you are 'willing to cooperate with the OR' is that the situation should revert back to how it would have been had you completed a 3 year IPA at the relevant time.
This makes sure that any BR cannot benefit (or suffer detriment) by non cooperation.
Your £100 monthly payments should count for however long they were made, and you should provide proof of your earnings for the remaining period at that time, until the end of the 3 year period.

The IS should then apply the IPA rules in force at the time, assess the entire amount owed for the period and then average the payment over that time and apply for an attachment of earnings or pass to moon beever for collection.

Some info on your discharge........

4. Order suspending discharge obtained prior to 1 April 2004
When a pre-commencement bankrupt is subject to an order suspending his/her discharge from bankruptcy and the order was obtained prior to 1 April 2004 the order continues to have effect after commencement. The order may be varied or revoked after 1 April 2004 under section 279(3) of the Insolvency Act 1986, as amended URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch13-24/Chapter22/Annex%201/Notes%20to%20annex%201.htm#2"][COLOR=#0066cc]Note 2[/COLOR][/URL.

Where a pre-commencement bankrupt subsequently cooperates and obtains a lifting of the suspension of discharge at any time after 1 April 2005, the bankrupt will be discharged a maximum of one year after the suspension is lifted. An earlier discharge date is applicable to bankrupts who, at the date the order of suspension was imposed, had less than 12 months remaining of their original discharge period. In those cases, the shorter (remaining) period to discharge is preserved. When the suspension order is lifted, discharge will take effect after the balance of the original period has expired URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch13-24/Chapter22/Annex%201/Notes%20to%20annex%201.htm#3"][COLOR=#0066cc]Note 3[/COLOR][/URL. (See paragraph 5, examples 1 and 2 below).

They are my thoughts.

DD

plap

Thanks for your reply DD.
I don't know how best to proceed now.. The OR is basing all figures on what I earn NOW and means I have to pay considerably more than I would have done back in 2002. Can I refuse to sign the IPA they have sent? they have sent me 4 IPA's now because they keep messing up the figures. How likely are they to apply for an IPO? Have been trying to contact them but it is impossible over the christmas period.

debtinfo

They should be basing in on your circumstances now, that is how it works