Are bankrupts getting a raw deal?

kepar

The problem is that the 36 months start when you reach an agreement. The longer it takes to agree, the further into the future you will still be paying.

wildheart83

I'm well aware of that, but tha'ts not what I asked. I read somewhere it's 4 weeks that's generally allocated, but read on another forum it's 6 weeks.

debtinfo

wildheart83 wrote: »

I'm well aware of that, but tha'ts not what I asked. I read somewhere it's 4 weeks that's generally allocated, but read on another forum it's 6 weeks.

Neither are right, the OR will take as long as necessary to make a decision

neverdespairgirl

debt_doctor wrote: »

The technical manual, I believe, was constructed to reflect the law, which again, many parts of the manual have been upheld by the courts.
To simply change the manual, is in effect changing the law without reference to the courts!


What are your thoughts on the subject?

DD

I'd suggest taking counsel's opinion on it.

I'm not an expert in this area of law, but directions and regulations made under a statute can and do change all the time, in different areas of law.

The thing about an IPA is that no-one has to agree to it in the first place - and if a person doesn't, the court can determine it.

debt_doctor

Hi,

The Insolvency Service have withdrawn the proposed IPA and continued with the early discharge process.:D

DD

fermi

debt_doctor wrote: »

Well would you believe it!!!!

A former client of mine who went bankrupt earlier this year has just contacted me to say that he has put in his prior to early discharge SOA (which was identical to the one in his original SOA) and the IS want £xx per month, despite him originally being informed by his previous examiner "there is no way you can afford an IPA!" .....hmmm... £xx pm times 3 years plus BR deposit equals roughly the desired IS costs.

DD

Im seeing him Friday.

DD

debt_doctor wrote: »

After a delay in the client being able to get in to the bureau, a letter has now gone off to the IS indicating the IPA is unaffordable and would be of no benefit to the br's estate.

DD

debt_doctor wrote: »

Hi,

The Insolvency Service have withdrawn the proposed IPA and continued with the early discharge process.:D

DD

Excellent DD.

alastairq

bumpity bump

Gray-Fox

Absolutely the BR is getting a raw deal, which is precisely why I'm doing all I can to avoid an IPA.

GoingUnder

I received my IPA proposals through 3 months from the day of BR. I estimated a surplus of £400 a month based on reality. Everyone knows fuel and food have gone through the roof, utilities etc so I was realistic with my figures which were above those referred to elsewhere, but not much.

The IPA wants £751 per month. If I pay this then it really will be a basic existence. Clearly the OR doesn't have teenage children to feed, clothe and send to college!

I have approached DD and he is going through my circs for me and is going to help me draft a letter to contest this.

I will go to court if I have to rather than accept this. I found the judge I spoke to about a potential CCJ after I went BR to be extremely pragmatic and sympathetic. Will post updates.

mad_bad_spender

going under.. have they included a copy of your soa as they see it with the allowances they have given? if not i would ask them for this so you can see for yourself what they have allocated for your outgoings.

my or can see by my soa that there is no surplus at the end of the month yet have stated the minimum amount they will accept is £30 a month, to cover their fees i assume? so I have to find £30 out of what is already minus £50-60 most months? you just get too scared to argue though in case going to court would make the situation worse