Is the OR acting fairly and legally

desmonds

Hi,

It appears to me that the OR will try it on whether rightly or wrongly unless challenged.

I thought they were committed to providing a professional, fair, efficient, courteous and helpful service.

They have tried to take a vehicle that I need for work that is valued at £275 and are using child tax credits and child benefit to form part of an income payments agreement when it clearly states on the insolvency website that as a matter of publc policy state benefits should not be used in forming part of an IPA.

Unless one knows what forms to fill in then you're at their mercy.

Thank God for this forum and the wealth of info we share between each other.

Thank you to all for the advice that you all spend time giving

If it wasn't for this forum then who knows what i'd be left with!!

Desmonds

Xbigman

I don't have direct experience of the current OR's but I must admit I went bankrupt during the massive surge in bankruptcy's in 1990. I still have memories of walking through a corridor with files stacked up in boxes all along the wall. My OR interview could best be desribed as 'rushed'. Once they saw that I was genuine and had a family to support they were just not interested. After that I only dealt with the OR's secretary. I still have my discharge, which is a photocopy, of a photocopy, of a photocopy, of a photocopy... of a blank form with a date and a squiggle on the bottom.
I suspect the same is happening now, you have a trainee OR or secretary doing your bankruptcy because the actual OR's are busy with the larger debters. IE business ones.

My only advice is to know your rights and don't be afraid to challenge the OR's decisions. But I think you are doing that already.
Regards


X

smokey112

Desmonds

Xbigman is correct - the OR's are overwhelmed at the moment and may overlook many things - I would certainly challenge the car and the use of benefits to work out an IPA

If you are not happy with the explanation you are entitled to complain about the actions of your OR - I am not sure who in England you write to but in Scotland you go through the AIB

HTH

Ang
x

sgx.saint

My understanding is if you need a car for work or other serious reason in BR then aslong as it's total value is £2K or below then your entitled to keep it.

Although I know people who have been able to hang onto their cars when worth a little more.

Good advice from the other posters. Question it. Ask to speak directly to the OR and if you get no joy follow the official complaints procedure.

Addicted2Chocolate

Desmonds I personal messaged you about the car. For the IPA, the OR should take into account the household income including tax credits but not including child benefit. If you think the IPA is unfair dont sign it, send a letter disagreeing to the IPA and ask them to make an application to the court for the court to decide on the IPA. But before you make a decision you should read carefully the technical manual chapter 31 part 7 on the insolvency service website, under the freedom of information section for full info about what is assessable income and reasonable expenditure.

Addicted2Chocolate

the first stage of complaints procedure is to write a letter to the OR personally, stating the letter is a complaint and setting out what actions decisions you believe are unfair and why. The OR will persnally reply within 10 working days i think. There is a leaflet you can download from https://www.insolvency.gov.uk which sets out the compaints procedure.

smokey112 wrote:

Desmonds

Xbigman is correct - the OR's are overwhelmed at the moment and may overlook many things - I would certainly challenge the car and the use of benefits to work out an IPA

If you are not happy with the explanation you are entitled to complain about the actions of your OR - I am not sure who in England you write to but in Scotland you go through the AIB

HTH

Ang
x