Claire's County Court Carry On

ClaireLR

Thanks for that Fermi and Tigerfeet

Just a quick question; do you think I should write a letter to explain about my tax going up due to payrises since my BR? I did mention this to the woman I spoke to the other day but wondered if it might be worth putting it in writing?

fermi

Are you not showing the tax increase in the new SOA then?

ClaireLR

No fermi, I don't know what it will be until the end of April when I receive my payslip. I haven't a clue what the new amount will be but I would estimate probably £15-£20 a month extra, possibly more.

What do you think I should do?

fermi

That is tricky. I presume that would increase any surplus rather than decrease it?

ClaireLR

No it would decrease it! This is what happened. In my June last year pay packet I paid £192 in Tax. When the OR called for the interview and asked how much I paid I told him £192 but also told him that I was due a payrise. It was a bit messy really, my OR interview was 27 July if I remember correctly, my payrise was 26 July and I got paid for the whole month of July on 27 July so in my end of July pay packet there was an a small amount extra - i.e. my normal salary plus 4 days of payrise if that makes sense. I explained all of this to the OR and they didn't really seem interested and my IPA was set for £192 which was the figure I paid at the end of June before the payrise. Of course at the end of August I had a full month of extra money as my payrise had been in place for the whole month. I then (to complicate it just a bit further!) had another payrise in my end of November paypacket backdated to April. I again rang the receiver to let them know and they agreed I could keep the money but didn't say anything about taking any extra in tax.

So now when I go back to my usual tax code instead of paying Clarke Willmott I will be paying a higher amount in tax than I have to them because of the 2 rises I've had while I've been bankrupt.

Hope I've explained that ok??!!!

fermi

Yep. I see what you mean.

Obviously you can't fill in the IPOQ based on what you think might be the case. You would have to put the current figures.

But if it was me I would certainly write a note/letter to attach to the IPOQ explaining how you think things will change, and giving a guestimate if you can.

You might just be doing both of you a favour.

ClaireLR

Thanks Fermi!!

ClaireLR

28 March 2008

Im FURIOUS

I've just been talking to the insolvency service about my questionnaire that I sent back. (This is going to be a semi-rant so apologies)

Basically the woman who rang me asked if I had sent back the IPA agreement. I told her that I hadn't as I'd since had increases in rent/water etc and so had spoken to someone who had sent out a new IPA form, which I had completed and sent out on Tuesday. She said they hadn't received it. I said well it was sent first class so you should get it soon. She said oh yes I've got it here (conveniently :rolleyes: ). She said hold on while I put the figures into the computer. She came back on the phone and said you will need to pay £157!!! I said no I'm sorry but you have got that wrong, she insisted that she had not. I said you have and she argued that she was right. Suddenly she said I can see what the problem is, the computer doesn't recognise your payment to Clarke Willmott so it has deducted that off your total leaving you with a bigger surplus. I said ok then thats fine.

She then went on to say have you still got the original IPA agreement that we sent to you? I said yes and she said please can you sign it and send it back?? I said no I couldn't, as I have stated my utilities have gone up and I can no longer agree to pay £50. SHE THEN starts ranting on about me paying £157 a month EVEN THOUGH SHE'D ALREADY ADMITTED SHE'D MADE A MISTAKE AND THEY WOULD COME AFTER ME FOR £157 IF I REFUSE TO PAY THE £50 A MONTH :mad: :mad: :mad: I told her again that I would not be signing the form. I explained that if they thought I could afford £50 before and my utilities have gone up how do they still expect I can afford £50?? If they had asked for say £70 before and were now asking for £50 then I would understand it (does this make sense, I tried to explain it to Miss no-brain but it was obviously to much for her on a Friday afternoon :rolleyes: ).

She then said you can choose to sign it or not but if you don't we will contact your employer. I said you have no right to contact my employer, she said we can attach a payment earnings order to your salary. She then proceeded to tell me (like I was a child) that I had a commitment to my creditors, as if I need patronising by the likes of her! I told her that I would not be pressured into saying I would sign anything today by her or anyone else and that I would be taking some advice and would get in touch with them in the coming week or so. She also said that this was going to have an impact on my discharge (she's obviously just a big bully who thinks that because of where she works she can throw her weight around. Well I was prepared this time!!)

So advice please would be most welcome. Do I sign it or continue to fight my corner? I think I've got a good case consdiering what I said above about having to pay £50 before utilities went up and now they're still expecting the same. I don't think they can contact my employer can they??

God I'm so ANGRY. :mad: :mad: :mad:

fermi

Utterly RIDICULOUS.:rolleyes:

You might want to take the advice of "smudge" in this thread on another site when dealing with an unreasonable examiner.

http://www.debtquestions.co.uk/debt_forum/viewtopic.php?f=14&t=24198

smudge wrote:

Suggest you phone the OR Office (use the main number) and ask the person who answers the phone who is the Assistant Official Receiver dealing with the case.

Then send him/her a letter outlining your concerns - and mark the envelope personal. This will then bypass your examiner, and should ensure it is dealt with by someone senior.

ClaireLR

Thanks for that Fermi.

I'm so angry, I am thinking of writing an official letter of complaint about this woman. The way she spoke to me would have had some people in tears I'm sure. I got her name, it's Lorraine (writing it here in case I forget in future). I'm not sure whether to contact the CCCS or similar or go right ahead and write to the receiver? What do you think??