OR interview from hell

NekoZombie

There was also betterlatethannever. It would be interesting to find out how her case went, as her OR was refusing to let her have the full amount she needed for electricity bills.

rog2

lisahelp wrote: »

hi rog
she hasn't even set an ipa she just said that i will be getting one in around 4 months time,she didn't disscuss how much or anything just what she probably wouldn't allow.
this is what i am finding difficult.
thanks

Then click on the link, in my previous post, lisa, to see what you are allowed. Also, post your I/E (SOA) as suggested by NZ, so that we can help you prepare for it.

Richard_S

lisahelp wrote: »

Hi,
I have had my or intrerview and i am really worried,she said she would not go to much into my i&e today but said i will have an ipa put in place in around 4 months time,i am really worried she will not allow me christmas and birthdays at all,save for holiday,lesiure activeties amongst others,when i asked how i will fund christmas and birthdays for my kids she said they can't have what i haven't got,i feel really ill with it all,i feel in limbo 4 month is a long time,i am the only one working part time and the rest of our family income is made up of benefits.
Can anyone offer reasurance as i am feeling pretty low right now.
thanks

Lisa,

Sorry to hear you've had an unreasonable O.R, you've got to keep yourself together and stand up for your rights. Our interview was a nightmare and I never posted details on here because I knew it wasn't representative of the whole system. He threated in depth investigations, possible restrictions, IPA/O and all I did was to keep meeting him head on and explaining why I thought my I&E A/C should be accepted and offering explanations for a whole host of other queries.

Post your I&E and let's have a look; Fermi will no doubt post the relevant legislation and I'm sure with some tweaking and other suggestions we can make sure you're not facing an unrealistic IPA. It's all right the O.R saying your kids can't have what you don't have; more importantly, neither can he. Your first responsibility is to your children and family.

Don't get despondent and demotivated; it's just a load of bluster to frighten you. Be determined not to be intimidated by some pompous bureaucrat and you'll come out of this a much stronger person, and probably a lot less tolerant.

Richard

NekoZombie

Yes, Rich is right. If you don't want to post your SOA up for various reasons, please don't feel under pressure to do so. We'll still be able to help

rog2

NekoZombie wrote: »

Hmm, sadly Rog, that link is inconclusive - it would be very difficult to argue your case on the back of that info...

It MAY WELL be inconclusive, NZ, but, sadly, it is the manual on which the OR must base his/her assessment, so it would be difficult to find anything else on which to 'argue a case'.

NekoZombie

rog2 wrote: »

It MAY WELL be inconclusive, NZ, but, sadly, it is the manual on which the OR must base his/her assessment, so it would be difficult to find anything else on which to 'argue a case'.

But isn't this what's causing all the problems. The manual itself doesn't commit either way, so ORs really interpret things as they want. Some bankrupts are lucky and have a generous OR, some of us have one with an axe to grind. Annoyingly, both ORs are technically right when you look at the woolly guidelines in the manual.

Anyway, my sympathies to the OP. I'm not sure what the solution to the problem is, aside from standing by your guns.

fermi

Richard_S wrote: »

Fermi will no doubt post the relevant legislation......

The link to the OR's guidance on IPA/O budgets has already been posted in this thread by rog2, and it is important to remember that they are guidelines only.

In fact the whole manual is prefaced by.

The “Technical Manual” is intended to be a guide to best practice to be followed by official receivers except when circumstances, including the circumstances of an individual insolvency case, dictate or merit otherwise. For further information, please see chapter 1.10.

While The Insolvency Service tries hard to ensure that the contents of the Technical Manual is as accurate as possible, this will not always be achievable. The contents of the Technical Manual is provided for general information only and it should not be regarded as a full and authoritative statement of the law. You should not rely on it as such.

In other words each OR is free to ignore it if they feel that circumstances demand.

However, lisahelp please stand your ground if you feel your OR is being unfair.

lisahelp

Hi,
thanks for al replys,
here is my soa


wages me;£408
ctc:£497.77
wtc;£145.99
cb:£183.30
partners contribution:£200
total;£1435.06
partner is ill and unable to work


outgoings
rent:£160(rest is met by Hb)
houskeeping :£600
gas and electricity:£80
water:£38
telephone charges:£53
travel work:£40
clothing:£100
council tax: £39(rest from ctb)
tv license:£11
house insurance £11
sky:£43.00 (i knew that this would not be allowed)
childrens pocket money:£30
save for a holiday£80
haircuts£30
christmas& birthdays:£55
sons football and other lesiure activities including school trips£40
window cleaner£8.00
meals at work:£27.00
total;£1465
sorry i thought i had £500 down for housekeeping it was £600,im in a bit of a tiss at the moment,i thought my life would get better not worse.
thanks in advance

fermi

blind-as-a-bat wrote: »

.....it is still the legislation of how the calculations are done so if your OR has deviated from them you have the right to know why and more to the point contest that discision.

You have the right to refuse an IPA and let the court decide on an IPO but OR guidelines are not a reflection/statement of the law in the IA86 or EA2002.

If they were at statement of law then Neko would have had a field day with her OR.;):D

fermi

blind-as-a-bat wrote: »

I am aware of that fermi but The guidelines are a basis for the acceptable practices of the OR which in my view means that is how they should conduct each and every case (which it is obvious they do not) as i said if they do deviate from this they must be accountable as to the reason why other wise the guide may as well not exist

If a court has to decide on an IPO the OR would need to justify there decisions to the judge to get it passed so the guidelines cannot just be ignored by the OR without good reason

I agree with all that. The point I was trying to make is the the OP should not mistake guidelines for a statement of law in their dealings with the OR.

That and only that.