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

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  • wolfers
    wolfers Posts: 246 Forumite
    If the IS has cut staff, won't this change make life even worse for them -- surely it will increase their workload?
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    wolfers wrote: »
    If the IS has cut staff, won't this change make life even worse for them -- surely it will increase their workload?
    yep...............
    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.
  • sorry for being a bit dense i became bankrupt in august and do not yet have an ipa but will have one soon i am meant to phone the or at the end of the month when i get paid from my new job, does this mean that my ipa will be larger because in effect it will not be agreed until after the 1st dec and that they will take all of DI not a percentage
  • debtinfo wrote: »
    I think not, None of the money from these changes will go to the creditors, it will go to the IS to pay their costs, Bear in mind that the Fees rules also changed, the main bit you saw from this was the £450-£600 change but what is less noticable is the SOS fee on assets which means more of the smaller realisations go to the IS rather than to the creditors (something im sure they are not happy about)

    If you look at the IS figures which has to be self funding, it is obvious that firstly with the housing crash there are more negative equity properties so a big loss of revenue there. Secondly they introduced DRO's great news for debtors but causing a Huge drop in bankruptcies which turned into DRO's instead and they only get £90 for them rather than £450.

    Finally they recently cut all of the agency staff. So i think it just comes down to them doing what they can within the existing laws to make their books balance

    All the above is completely spot on (were you in my office today DI?) It was our exact conversation!
    The saving grace may be that the IS will not fund going for an IPO if an IPA is not agreed. I mention quite often when creditors are not playing by IS rules to local IS office only to hear "we wouldnt be able to fund a case......"

    I think a mass 'NO, I won't agree to the IPA' has to be on the cards, and that is what I intend to do with ant of my affected clients.

    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 ***
  • I didn't know that you could refuse to pay an IPA
    Getting fit for 2013 - Starting weight 10.1.13 88.1kg
    Weight 27.3.13 79.1kg :( weight 2.4.13 79.9kg Weight 24.4.13 77.8kg. 4.6.13 76kg

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  • alastairq
    alastairq Posts: 5,030 Forumite
    IPA/IPO....


    'agreement' and 'order'....


    if 'agreement' cannot be achieve, twixt OR and BR, then technically, the OR will go to the Court for a decision...the Court will hear both arguments [OR & BR]...and make a decision....this is then 'binding' on both parties.

    The problem for the OR is, firstly, funding the Court case...and secondly, if the Court lands more in favour of the BR, then it is possible they may order a lower payment than the OR wanted..
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    All the above is completely spot on (were you in my office today DI?) It was our exact conversation!
    The saving grace may be that the IS will not fund going for an IPO if an IPA is not agreed. I mention quite often when creditors are not playing by IS rules to local IS office only to hear "we wouldnt be able to fund a case......"

    I think a mass 'NO, I won't agree to the IPA' has to be on the cards, and that is what I intend to do with ant of my affected clients.

    Will be interesting to see.

    I can't remember the exact figures, but the IS only got around 70 (ish) IPOs in the last year they've published the stats for, as opposed to about 15,000 IPAs.

    Funding 70 IPOs applications is fine. If that goes up by orders of magnitude, I cant honestly see it either? Especially in marginal cases.

    Whether the "official" minimum is set at £20 or not, you have to wonder whether a higher "unofficial" threshold will occur in practice, based on where they feel confident and it's economic to go for an IPO, and whether the BR rocks the boat by challenging them?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • thats all very interesting. I don't want to be difficult, and I accept that I am a grown woman who was at least partly responsible for the current situation (maybe niavely ?sp beleiving what she wanted to beleive).

    However, I have worked up to 80 hours per week trying to keep home and hearth together, I cannot do this any more, hence the BR. As a result my wages recently do not represent my usual income, and if OR does not accept letter from payroll and last years P60 as proof of my 'normal' income, I will be in an impossible situation. Even without this my wages can vary by as much as £2-300 if I have a busy on call (which I have to every 6 weeks or so). My orginal plan when I was managing my debts myself was that I used the extra cash from on calls to fund things like school uniforms and shoes, which come along infrequently, but which eat up huge chunks of money in one go. I expect I will not be allowed to do this from now on.
    Getting fit for 2013 - Starting weight 10.1.13 88.1kg
    Weight 27.3.13 79.1kg :( weight 2.4.13 79.9kg Weight 24.4.13 77.8kg. 4.6.13 76kg

    BSC member 331
  • has anyone got any idea about my question please
  • sorry for being a bit dense i became bankrupt in august and do not yet have an ipa but will have one soon i am meant to phone the or at the end of the month when i get paid from my new job, does this mean that my ipa will be larger because in effect it will not be agreed until after the 1st dec and that they will take all of DI not a percentage


    I don't think of any of us know the answer to that one until we know when it will be implemented, but it sounds like it yes. however, it also sounds like they may increase some of the expenditure you can claim before payment such as emergency expences.
    :D
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