IPOQ for ED recieved

I just got these forms yesterday. Talking about early discharge ect. I have been asked to fill out the income/expenditure form. AGRRRRRR.

The bad thing about the whole thing is that I am now working part time (25 hrs/week) with take home of £185 a week. I am seriously considering about deliberatly getting myself sacked. I have no ipa/o as i was unemployed when i went BR and am currently 4 months into the 12 month auto discharge.

Q. What should i do?
a. Ignore the forms and not send off
b. Get sacked from my job and then get a new job after discharge
c fill out the forms ( I feel i will end up with a 3 year ipa which i wish to avoid at all costs.)
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Comments

  • debtinfo
    debtinfo Posts: 7,012 Forumite
    did you tell the OR when you got your job
    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.
  • ani_26
    ani_26 Posts: 3,700 Forumite
    I just got these forms yesterday. Talking about early discharge ect. I have been asked to fill out the income/expenditure form. AGRRRRRR.

    The bad thing about the whole thing is that I am now working part time (25 hrs/week) with take home of £185 a week. I am seriously considering about deliberatly getting myself sacked. I have no ipa/o as i was unemployed when i went BR and am currently 4 months into the 12 month auto discharge.

    Q. What should i do?
    a. Ignore the forms and not send off
    b. Get sacked from my job and then get a new job after discharge
    c fill out the forms ( I feel i will end up with a 3 year ipa which i wish to avoid at all costs.)


    I'm sure someone with better advice than me, will be along soon, but i don't think there is an option to not fill in the forms. Paperwork has to be complete, and all that.


    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
  • I just got these forms yesterday. Talking about early discharge ect. I have been asked to fill out the income/expenditure form. AGRRRRRR.

    The bad thing about the whole thing is that I am now working part time (25 hrs/week) with take home of £185 a week. I am seriously considering about deliberatly getting myself sacked. I have no ipa/o as i was unemployed when i went BR and am currently 4 months into the 12 month auto discharge.

    Q. What should i do?
    a. Ignore the forms and not send off
    b. Get sacked from my job and then get a new job after discharge
    c fill out the forms ( I feel i will end up with a 3 year ipa which i wish to avoid at all costs.)

    Don't delibratly get yourself sacked. That would be silly for future employment. Start a thread on the main board and put up your SoA and someone will check you have accounted for everything.

    http://www.makesenseofcards.com/soacalc.html
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Nohope wrote: »
    but i don't think there is an option to not fill in the forms. Paperwork has to be complete, and all that.

    Normally true.

    However, the old guidance (CHM/TM etc) made a slight distinction when the IPOQ was issued for an ED review. In the case of non-return (or return out of time) with no reasonable explanation, the ED process would simply be stopped and the BR would have to wait for the 12 months AD.

    With all the guidance being updated, that may no longer be the case though?

    The letter that comes with the IPOQ may perhaps give a clue? They used to say something like....
    If you do not return the the completed questionnaire within 14 days, I shall not proceed with the action necessary to grant you an early discharge (even if you submit the questionnaire at a later date).

    Please note that (following receipt of the questionnaire) I will have to contact all of your creditors to inform them that you may receive an early discharge and then consider any objections that they may have. This process will take some weeks to complete and for this reason I would be grateful if you did not contact me again regarding possible early discharge, as it could create a further delay.

    If you are unable to respond within the 14 day period I may, exceptionally, continue with the early discharge procedure, if you provide a valid reason for the late submission with your completed questionnaire (though I can give no guarantee that the reason will be accepted). If no reason is given for late submission (or I consider the reason unacceptable) I will not enter into any further correspondence.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • debtinfo
    debtinfo Posts: 7,012 Forumite
    I would add a note of caution on 2 points,

    firstly whilst it has been the OR's policy that if the ED IPOQ is not returned they wont take it any further, it is only there policy not a rule and as has been seen recently they are free to change their policy at any time, although it is technically non co-operation they usually dont take it any further simply because they dont think there is anything to be gained and dont want to appear to any judge as being punative.

    The second point is that if they have sent an IPOQ because you have had a change in circumstances, (they may know about it even if you have not told them) and you dont send it back, then that is blatent non co-operation and they normally would take further action
    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.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    debtinfo wrote: »
    firstly whilst it has been the OR's policy that if the ED IPOQ is not returned they wont take it any further, it is only there policy not a rule and as has been seen recently they are free to change their policy at any time, although it is technically non co-operation they usually dont take it any further simply because they dont think there is anything to be gained and dont want to appear to any judge as being punative.

    Exactly.
    debtinfo wrote: »
    The second point is that if they have sent an IPOQ because you have had a change in circumstances, (they may know about it even if you have not told them) and you dont send it back, then that is blatent non co-operation and they normally would take further action

    Or if you try to not respond to the ED questionnaire, knowing that your circumstances have changed in an attempt to avoid a potential IPA that is as bad as deliberately withhold the info regarding the change in circumstances originally,

    The OR can and does find out if you have withheld such info, and in such cases can go back and get the IPO and other sanctions even if your ED/AD has come and gone.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • WLITC
    WLITC Posts: 1,029 Forumite
    Part of the Furniture 500 Posts Name Dropper Photogenic
    I just got these forms yesterday. Talking about early discharge ect. I have been asked to fill out the income/expenditure form. AGRRRRRR.

    The bad thing about the whole thing is that I am now working part time (25 hrs/week) with take home of £185 a week. I am seriously considering about deliberatly getting myself sacked. I have no ipa/o as i was unemployed when i went BR and am currently 4 months into the 12 month auto discharge.

    Q. What should i do?
    a. Ignore the forms and not send off
    b. Get sacked from my job and then get a new job after discharge
    c fill out the forms ( I feel i will end up with a 3 year ipa which i wish to avoid at all costs.)
    Hi plumber2009, if your working now (and weren't when you went BR) then you should have advsed the OR of this within 21 days of you starting work. Like yourself I don't have an IPA at the moment and don't relish getting one, but you have to make sure you do things within the rules. If you are now working 25hrs a week and you haven't told them, then as debtinfo points out, they'll probably find out and you could get a BRO (bankruptcy restriction order for between 2-15 years) for no-coperation/fraud.

    Getting yourself sacked is obviouly the nuclear option. Debtinfo/Fermi/BB&B (and others in the know) might have a greater insight into this, guys what is the stance if someone just resigns or gets sacked? Would the OR consider this suspicious and investiagte further (I suppose resigning would look more suspicious than 'getting sacked') or would the OR not care and complete the case work as normal, stating the BR is no longer employed and in a postion to get an IPA?
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    The OR would not care as such, they simply set the payments according to earnings, if the bankrupt chooses not to work then that is their choice and there would be no backlash from the OR
    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.
  • Thankyou all for the responses.

    I have not informed the OR of my employment as i am on a casual contract and was holding out for a full time contract as the job is not currently guaranteed full time. Employer can currently get rid of me at anytime without notice. So esentially was waiting for employer to offer a full time contract as my current arrangment is on a 3 month trial and work hours are not guaranteed and am only guaranteeed £6.55 p/h + £1.71p/h LA(london waiting)
    I started the job begining of October.

    The problem for me at the moment is that im living with family at the moment and i have been trying to get money together for a deposit to get my own accomodation. I could avoid an IPO/A if i was paying rent as this would easily swallow any disposable income.

    Q. Does the OR check up on the income/expenditure details?
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Living with family or not - you can still pay rent! Check on places like Rightmove for current room rates etc and apply that. You still need to pay rent and food plus bills etc.

    And yes - the OR does do basic checks on expenditure. They so take the average price of accommodation that matches your circumstances and likewise for average utilities/food. So you cannot claim £700 a month for a room (unless you lived in Chelsea!) and £400 for food for example.
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