on IPA - variation

Singlemumm

Good afternoon 
Im on IPA , 3 y in December ( whoop whoop) , there always been the case if unexpected expenses / lower income, OR variated amount 

Yesterday I have received the letter, I been overpaid from tax credit ( claim ended year ago) Not huge amount but still debt 
OR says I won’t pay IPA this month but will pay extra month ( like my IPA will be extended)
Is it right ? 
I spoke to hmrc and have asked to split debt in 2 payments ( November and December ) 
Im right in saying IPA amount has to be decreased by amount I will pay to HMRC please?


Thank you 

fatbelly

See what others say but I don't think so. The debt has been incurred after the date of your bankruptcy.

It sounds like the one-month payment holiday on your IPA is to allow you to repay the tax credit overpayment. Is the monthly IPA payment more or less  than HMRC are demanding?

Minkym00

This is the second time they’ve tried to extend your IPA beyond 36 months isn’t it? They simply can’t do that. 

Tell them that Section 310A (5) (b) of the Insolvency Act 1986 does not allow an IPA to extend beyond 3 years, and simply refuse to pay.

Singlemumm

My IPA is more than HMRC overpayment.
I have explained to OR I have set up DD with HMRC so they can take debt in 2
instalments
He said he glad I got it sorted
Not sure what to do
Thank you for your help .

Yes, it’s second time they trying to extend it, originally my agreement finish on December but I have already 3 additional payments in place 
I have asked him isn’t debt for HMRC just decreasing my IPA payment ? 
Very worrying, especially when I’m nearly finished my journey and finally can see the light 

Minkym00

Do they’ve already extended it previously??If I were you I would ask them under what section of the legislation they believe they are allowed to extend payments beyond three years. I really think you should challenge this. 

Singlemumm

yes they done in on under them own grounds as they have checked my bank statements year ago and found out sometimes I’m buying like lotto/euro million tickets

I didn’t know it’s not allowed,simply thought, for instance If I have £20 allowance for buss pass/ holidays etc but managed without it , so I could spent it on something else 
My bad , now lesson learned, but they pushed me to sign 3 extra months otherwise they were going “to do something different “, “different way “, that’s what I have been told

current situation is different and I’m really won’t agree for one more extra payment just because 2 months I will have to pay some money to HMRC