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Income Payment Agreement/Order

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  • Rallynut
    Rallynut Posts: 11 Forumite
    Thanks for that last comment DD. I am a bit more hopeful that I am not going to be stitched up for the next three years.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    The IPA MUST be agreed BEFORE discharge from bankruptcy.

    DD

    What would happen if for example op didn't respond to this request on time?
    Or what would happen if they did receive the information on time and sent the IPA to op to sign but he didn't sign or return it?
    Would the OR have any powers to act post-BR?
    How long would it take for the OR to request an extension on the discharge date if say the information wasn't received?
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    arcon5 wrote: »
    What would happen if for example op didn't respond to this request on time?
    Or what would happen if they did receive the information on time and sent the IPA to op to sign but he didn't sign or return it?
    Would the OR have any powers to act post-BR?
    How long would it take for the OR to request an extension on the discharge date if say the information wasn't received?
    The only thing the OR / IP could do is to suspend discharge (via the court) but it has been long established that to postpone discharge purely because time has run out is a misuse of process.

    If the op is now offered an IPA, they have time to consider it and a 14 day cooling off period to reject it. - I think the op is discharged in a weeks time.
    Now if a BR did not cooperate with the above process - ie provided no information then, after a couple of warning shots, discharge could be suspended indefinately (by order of the court)
    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 ***
  • alastairq
    alastairq Posts: 5,030 Forumite
    I suspect the OP's problem is, the IS personnel are simply conducting a box-ticking exercise, to cover their own backs when their boss gets his/hers kicked?


    I don't think 'deviousness'is one of the IS core competences....yet?
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • Rallynut
    Rallynut Posts: 11 Forumite
    The last posts are interesting. I have co operated all the way through the process and still intend to send them the latest bits of information that they have requested. It simply looks on the face it that they have made a mistake. For example, they sent me a income/expenditure form in January which had the wrong name on it, reference etc. I promptly returned it to them and it was another 5/6 weeks later that they sent me the correct form.

    This is the form that I returned and prompted me to start posting.

    On the assumption that I cooperate (which I will continue to do), and even if they got an IPA to me before discharge (very unlikely as it is next wednesday), my 14 day cooling off period will extend into the period after discharge.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    The only thing the OR / IP could do is to suspend discharge (via the court) but it has been long established that to postpone discharge purely because time has run out is a misuse of process.

    If the op is now offered an IPA, they have time to consider it and a 14 day cooling off period to reject it. - I think the op is discharged in a weeks time.
    Now if a BR did not cooperate with the above process - ie provided no information then, after a couple of warning shots, discharge could be suspended indefinitely (by order of the court)
    DD

    Thanks for answering.

    Okay say on day 7 op is discharged......
    If say tomorrow, day 1, op sent the information, received by them on day 3. They review it and send an IPA to op, received op day 5 or 6. This leaves just 1 or 2 days. What if op doesn't respond in (since you say he has 14 days to consider) and automatically discharged... does this then mean the OR is powerless to put op in to an IPA?

    How long does it take for the OR to apply to the court to postpone discharge?
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