Salary & Bonus

Legacy_user

Hi,

When i was made bankrupt i discussed my varying wage with the OR's office during my SOA and was told that all bills and all wages would be averaged out. As i work in sales i earn 2 months standard wage (take home £1200) followed by a 3rd month with an additional bonus payment of 900. The OR's office agreed that my outgoings equal £1350 per month so obviously there is a small shortfall each month, which i expected to be able to make up the shortfall with my bonus, with any extra to be paid as an asset.

However, they are demanding i pay the full additional 900. How would you advise i proceed as i am unable to live month to month? I have some damage to my car which needs fixing urgently otherwise myself and my partner will be unable to earn our income.

Any help would be appreciated. I am frustrated with the situation as i dont see how they expect me to be able to survive!

IF

Hi woody1983uk, I am sorry the OR is doing this. Do email them stating all what you have here and how it will affect you, try not to get emotional or angry with them. If they still insist, ask to speak to the Assistant Offical Receiver for further help and advice.

Best wishes
If...x

vindicated

I agree with the above comment...contact the OR asap and query their request based on the information you have provided. Tell them that they said they would average the salary out and not take all of your bonus.

Do you have any paperwork to back this up? Or dates and times of telephone calls/meetings?

System

Unfortunately there is no record of it as it was during the original interview. I thought i was speaking with the OR but i now gather she was just a case worker.

If they take my income as my basic wage alone then they have admitted that i am in a minus each month, would they not be obliged to discuss this with me at the time? Im pretty certain the courts wouldnt have allowed it.

sniggings

thing is tho if you fight this and are allowed to add it to your weekly wage would you then not get a 3 year IPA? or treated as a bonus would not get an IPA?the 2nd option would be preferred.

System

That was in the back of my mind, but they have always been aware of the bonus and the took an average over 6 months when deciding i couldnt afford to pay anything.

sniggings

woody1983uk wrote: »

That was in the back of my mind, but they have always been aware of the bonus and the took an average over 6 months when deciding i couldnt afford to pay anything.

bit strange then cos an extra £300 a month would mean an IPA,so looks like the bonus was never included in any workings out?
just try and not mention wages to much and hopefuly they will treat it as a bonus,I thought the rule was they only took a % of any extra money,not the whole amount?

System

It isn't normally as high as 900, I usually take home an additional approx 450-500 per 3 months, but it isn't a confirmed bonus, its based on effort and performance. I did discuss it and we agreed on an average. I even sent them my wage slips for 6 months for ultimate clarity.

sniggings

woody1983uk wrote: »

It isn't normally as high as 900, I usually take home an additional approx 450-500 per 3 months, but it isn't a confirmed bonus, its based on effort and performance. I did discuss it and we agreed on an average. I even sent them my wage slips for 6 months for ultimate clarity.

reading your OP it wasn't clear £900 wasn't the fixed bonus amount,either way,taking your highest figure you still may have a IPA if the bonus was included so something is not right with the figures,if the bonus was included then they shouldnt be asking for it as it forms part of your wages,the extra would be takn as an IPA,if they have taken the lowest bonus figure then you shouldnt be on an IPA ,as you haven't got one then they shouldn't be asking for the bonus,or the other option is they have based their calulations on the lower figure and want the difference but even then they shouldn't be asking for all the bonus just the extra above what figure they used on the calulation,which ever way you look at it they have messed up somewhere and you need to work out how you aproach them on this,I would first try and see what figures they have used on your SOA and go from there.

debtinfo

I would first ask them to provide a copy of their previous workings for your income and expenditure, at least then you are both working from the same starting point

System

Thanks, i will email them and see what response i receive. Out of interest, having aknowledged a shortfall of approx £150 per month, would the OR be obliged to raise the issue as im led to believe that the courts wouldnt allow me to go bankrupt whilst still showing a shortfall on my SOA