IPA and moving in with partner

debt_doctor

If you don't have access to the vehicle (you don't drive it) then it would seem reasonable that this would be your partners exclusive cost, although everything is open to interpretation up to a point.

You should show your proofs of agreements to vary the IPA and not agree to having the IPA extended.

You might have to make a formal complaint. I could assist with a complaint if necessary.
DD

Singlemumm

I have received letter with same IPA amount plus additional 4 payments.
I have asked why is this if I have proof once I sent wage slip with lower income and have confirmation about 0 payment that month.
OR says manager calculated it and this how we should proceed.
any thoughts please?At the moment I’m not going to sign this ,just wondering what steps they can do then

debt_doctor

Here is my suggestion of a letter regarding the proposed 4 months extra payments.


Dear xxxx

I refer to your recent letter in which you state your intent to add 4 extra monthly payments to the end of my 36 month IPA.

I have taken advice on this matter and I am informed that you do not have the power to do this as my variations to my IPA were all agreed in writing / by email.

I refer to your own Technical Manual, which states the following:

31.7.161 Variation of an IPA by written agreement

An IPA may be varied by written agreement between the parties [note 1]. This can be achieved by an exchange of letters, where the official receiver confirms any reduction or increase in payments, and the date the new payments will commence. Variation of the agreement does not require the original IPA to be redrafted, and whilst it is possible to vary an existing agreement post discharge, it is not possible to enter into an IPA after the bankrupt has received his/her discharge [note 2].The amounts to be collected can be changed under the agreed variation, but the period of the agreement cannot exceed three years from the date the agreement comes into force. [note 3][note 4]. This includes where any payment holiday has been agreed (for example for the cessation of payments due to a change of circumstances for a limited period i.e. 6 months) or where for example after 6 months of paying contributions under an agreement the bankrupt’s circumstances change, such that he/she can make a significant increase in his/her contribution. In these circumstances the existing agreement should be varied, the official receiver should not ask the bankrupt to enter a new agreement for the increased amount.

If you continue to state your intention to extend my IPA, you will leave me with no alternative but to make a formal complaint to the Official Receiver.

Yours......

Singlemumm

update:additional payments when I have had to pay £0 due to lower income has been cancelled , thank you!
just wondering, are they sometimes try get payments even it against the rules?��

debt_doctor

Singlemumm wrote: »

update:additional payments when I have had to pay £0 due to lower income has been cancelled , thank you!
just wondering, are they sometimes try get payments even it against the rules?��

That's good news! - I find it rare that they try to collect extra payments, this is very unusual, and not lawful.
Far more common is to try for IPA's that are too high or should not be sought at all.

DD

Singlemumm

Right,after stressful situation about them trying to add further payments,I’m working out my IPA amount.
they kept it the same even I lost my tax credit due to moving in with partner.
I’m using DD suggested amounts.
My income is £1461.80
So I putting suggested :
£750 housekeeping
Comms and leisure £400
personal costs £200
rent £798
CT £112
Tv licence monthly £24 and after 6months 0 until next 6 months)
Gas £~50(top up so using average)
Electricity £~50(top up so using average)
Water £21
Travel (2 passes for me and daughter) £140
Prescription (my)£10
Opticians £25 (my and daughters )
so Im adding partners 50% share for household and bills but using my money only for my and my daughters travel+ opticians,( I think is right way as I’m not contributing to things like car insurance as I’m not driving it at the moment) I’m getting surplus ~£100.
can someone look to this to check if I’m right?
To be honest, my IPA after lost tax credit £218 stayed the same £174.

Singlemumm

has anyone a minute to check my soa and if OR right to keep same IPA amount after my income decreased by over £200 please?:)