Partners contractual debt repayments - IPA

rocky_robbo

I'm helping my father with his bankruptcy application. The OR has come back and said he has to pay £200 per month into an IPA for 3 years.


I queried this as based on his income and expenditure he had no surplus. The OR has taken into account my mothers income and expenditure, she currently pays out £400 a month towards her debts but apparently they do not take this into account.



Are my mothers contractual debt repayments not taken into account when a joint SOA is concerned? As effectively this will push her into a debt solution herself as she will be unable to meet her contractual payments.


Any help on this matter would be appreciated.

JCS1

The form asks for contribution from other people in the household, you should have reduced your mother's contribution by the amount she pays to the IVA.

rocky_robbo

JCS1 wrote: »

The form asks for contribution from other people in the household, you should have reduced your mother's contribution by the amount she pays to the IVA.

Is it too late to do that once the details have been submitted online?

debt_doctor

Hi,

There is no case for an IPA that would force a non bankrupt partner to become insolvent. As JCS1 says, account has to be taken of the non bankrupts contractual credit repayments.

Pop your SOA on here.

DD

Minkym00

If you can provide evidence of your mother’s debt repayment then that will be taken into consideration. The OR should not be issuing you an IPA that your father can’t afford. If they did their heels in then let them go down the IPO route as then they would have argue the case with a judge.

System

rocky_robbo wrote: »

I queried this as based on his income and expenditure he had no surplus.

The OR might disagree with what you and your father think of as reasonable expenditures and decided that the amounts you put on the form were excessive. The amount the OR allows you for living on is for a quite basic standard of living so there will be very minimal allowances for holidays, clothing, haircuts etc and nothing for things like gym and golf club memberships. It isn't to continue to live as you have been doing.

Minkym00

It amazes me that people don’t realise this.