IPO/IPA questions

Drum_Master

Hi All,

Could somebody(s) please answer the following questions.

How long does an IPA generally take to come into actions after bankruptcy? and what happens to the excess you have not been paying while this process is taking place?

Once you have been discharged after a year, can the ipa/ipo still vary if you receieve a payrise etc? and what are the chances of this. I understand they can go down if yuor circumstances change. DO you need to inform once BR is over?

Can you ask for a different OR if you are not satisfied with the person in charge?

Finally, what are the chance of being dischanrge from IPA early? and what if you cannot afford to pay any excess during banruptcy, can this still be altered for up to 2 years even after bankruptcy discharge? can you sign an ipa saying you can not pay anything?

Thank you and please answer any other similar questions I may have missed that maybe useful or advice that may help the situation

fermi

azulay111 wrote: »

How long does an IPA generally take to come into actions after bankruptcy? and what happens to the excess you have not been paying while this process is taking place?

Depends entirely on circumstances. If you have a surplus from the start, it may be a matter of weeks. If you don't, then it can be reviewed while you are undischarged and a IPA sought at any time up until your discharge.

azulay111 wrote: »

Once you have been discharged after a year, can the ipa/ipo still vary if you receieve a payrise etc? and what are the chances of this. I understand they can go down if yuor circumstances change. DO you need to inform once BR is over?

Yes, it can be varied, and IPA agreement include a duty for you to report any increase in income to the OR. You are obliged to do so.

azulay111 wrote: »

Can you ask for a different OR if you are not satisfied with the person in charge?

You could make a formal complaint and ask an assistant OR to review your case rather than an examiner, but no guarentees on what they would decided and whether they would pass onto someone different.

azulay111 wrote: »

Finally, what are the chance of being dischanrge from IPA early? and what if you cannot afford to pay any excess during banruptcy, can this still be altered for up to 2 years even after bankruptcy discharge? can you sign an ipa saying you can not pay anything?

Some people have in the past had IPAs discharged whre it is obvious they will never be able to pay anything under them. Is uncommon though, and in most cases the IPA would stay live but just be varied to a nil payment until it expired.

You can only enter into an IPA before you are discharged, so if you don't have a surplus to set one up until after then, then they cannot revisit and get one later after you are discharged.

Drum_Master

Thank you Fermi,

On filling out an SAO it shows that I would stand to have about £90 excess although some things could be contented either way.

In this situation would I be expected to pay the £90 maybe as low as £50 if bills are corrected or could this be dropped and no IPA applied?

Thank you

Flyright

I don't understand your question about the ability to ask for a different OR 'if you are not satisfied with the person in charge'. This suggests that you are seeking to find a more favourable person to deal with in respect of IPA matters (since you asked the question under that heading).

The examiner appointed to your case will work to guidelines and you are required to be honest about your expenditure. If you have a surplus, you will be required to pay an IPA.

Drum_Master

Hi Flyright,

From previous posts and as guidelines vary to what is considered 'reasonable costs' the OR may have different views as to what is considered reasonable whether this is in a strict or a looser way.

You may be assigned to sombody that is is not very nice and would like to make things difficult, ont he other hand you may have someone that will make things al ittle easier.

For example, some OR's will letyou keep a 1 off bonus, some wont and some will ask you to offer an amount to creditors. If yu feel that the OR is not being reasonable or even has a probelm or dislikes the person they are dealing with, is it possible to ask for a change or to put it in a better way, a 2nd opinion.

I am not saying I would pursue this option but I would like to know if it is feasble in case of all scenarios.

TheGardener

I don't intend this to sound harsh but I feel I should be frank - I would be very, very careful of taking that line.
If a public official was rude, abusive or assaulted you, if you believe they have lied, deliberately misled, failed in their public duty or are guilty of gross misconduct then by all means complain and your complaint will be taken very seriously.

However, If you try and complain because you feel another OR might give you a better hearing, you are on a pretty sticky wicket and I would go so far as to suggest that you could even earn yourself an IPO in the process.

Its not about whether you like them or they suit you or vice versa. This is all probably irrelevant anyway because I live in a medium sized city - and I happen to know that at our local IS office - there is only 1 OR and only 2 examiners and about 4 case clerks - so even if you wanted a new face - the chances are there wont be one.

Given the amounts involved in your case - if you need to pay an IPA for 3 years, I wouldn't make too big a deal of it. I hope it turns out well for you.

Drum_Master

Hi Gardener,

Thank you for the low down,

I didn't ever mean I would take this process but was just curious how it worked. I am aware form reading another article, petrol money to take care of a sick mother was being denied and that is a 'reasonable cost' in my eyes. I am ot suggesting I have difficult circumstances but everybodies is different and opinions differ. I am also aware yuo can refuse and negotiate but I just wanted to know what options are avialable if this was to ever be the case. Although I am sure it would not be

TheGardener

Sometimes its not what you ask - but how you ask that matters. Respect and dignity go a long way in a conversation with anyone.

fermi

As said, if you think your examiner is being unreasonable or not applying guidelines correctly then you can complain and ask that their boss (assistant OR etc) takes a look. As you might with any organisation. There is also a formal complaints procedure if needed.

sort_me_own_yard_out

Hi,

An IPA is an agreement so if they come back with a figure you are not happy with and dont think you will be able to afford said figure than you have every right to contest it. I along with DD on here have done such a thing and had the IPA reduced from £88 to £44 per month. It took some explaining but found the gentleman at the OR office dealt with me with respect, listened to what was being said and was fair.

The one thing I cant really stress enough is the Bankruptcy is hard enough so try and and worry about here and now rather than the what ifs as it is the what if's that will drive you insane!

Good Luck on your journey