Waiting on early discharge and new job-HELP?

fermi

That's a real pain.

I'm afraid the OR's are human, and every so often you get one who makes a complete b@lls up!:rolleyes:

NekoZombie

Bigootang wrote: »

Guess what,contacted the person responsible for doing the early discharges before Xmas rather that my OR to find out how it was going and was told he never received my IPO form back in October so presumed I didn't want to be discharged early!!
I am so fed up-basically everything the OR has been telling me is a load of rubbish-my IPO form was lost internally.It has been found now and so the process starts again......
Even worse,the OR chap e-mailed me and did not even apoligise for their mistake or the fact that in the twenty or so conversations we had had he had clearly been lying to me and did not have a clue about anything!

Well at least they're willing to start up the process again which is a plus. My OR couldn't find any record of my paperwork either (strange that, considering they had managed to process my IPA which was submitted at the same time) and was told I would have to wait until March 28th. And no, you wouldn't get an apology because ORs (apparently) don't make mistakes.

NekoZombie

O.K. here's an odd one.

Promted by the above thread I phone up the OR and (in a moment of extreme bravery) asked why the ED Process had started and not finished. She started of by saying that she had no record of receiving any paperwork from me regarding ED. I replied that she must have received the IPOQ, as I had had an IPA set up as a result of the information I had disclosed. She then requested proof of payments to Clarke Willmott (which I faxed) before phoning me to say that they would be proceeding to stage two of the ED process where they would write to my creditors, and that I could expect to be discharged within a month and a half. (Probably end of Feb)

To be honest I feel pretty confused by the whole thing. I really wish I understood more about the processes they work with, because to be frank I don't understand why my creditors weren't written to back in September. TBH I'm still gearing up for discharge in March, as I'm at the stage where I don't really believe what I'm being told anymore.

fermi

You can read how things should in theory go at:

Early Discharge and Discharge From Bankruptcy

But as always individual circumstances (and c!ck ups) mean that things don't always go according to guidelines (and shows up that a lot the procedures are just guidelines and not rules).

NekoZombie

'Income payments order/agreement
Where the bankrupt appears to have income in excess of what he/she needs to pay for the reasonable domestic needs of himself/herself and family i.e. "real disposable income" and a meeting of creditors is not being called, or has not been called, an income payments agreement should be reached with the bankrupt or income payments order obtained by the official receiver acting as trustee before the early discharge process is pursued.'

And there we are, the answer to my questions. Thanks Fermi

tigerfeet2006

I have a feeling that the OR's are so snowed under with BR's they don't have enough resources or time to do thier job and they are taking on staff and not training them properly because they don't have the time too.

The thing is people are still getting told that they will probably be considered for an ED and 8/10 the OR's are treading water trying to keep up with the BR's and then people are relying on the ED because they've been told.

That's just my take on what's happening, probably wrong

BTW this is not a dig at Neko or the OP as I understand where they are coming from, it just we've had a few 'Where's my ED?' questions lately.

NekoZombie

I think to some extent you are probably right - though if you get a letter (as I did) saying the the OR is starting the ED process, I think it pretty reasonable to expect that this will be the case. Further, it states in the letter that ED will fail if you do not return the required paperwork within the allotted time, not if the office is busy/ sickness in the OR's office/ trains running late. I understand I have no automatic right to ED, but tbh I get a bit peeved with the IS continually moving the goal posts. IMHO, do it or don't, but please don't dangle a carrot in my face and then snatch it away because you (and by you I mean the Insolvency Service/ my OR) made promises you couldn't keep.

EDIT: Neko is hungry and always gets ratty when she hasn't eaten. xx

tigerfeet2006

Yeah! I totally understand where you are coming from Neko and why you are completly pee'd off, I would be to.

EDIT: TF is narky when she is sleep deprived

NekoZombie

by the way bigootang, I assume you had to tell the OR about the change in pay? does this mean an ipa?

Bigootang_2

Hi Neko, no the job I thought I was getting to start on Monday just gone dried up!So still not working which is rubbish as I really want to get back into it,however it could be a good thing as I am not discharged yet so fingers crossed I get some luck and the early discharge happens soon.
Was told by the chap in the IS that the 35 day period for the creditors to object is up on the 16th(next week). If no objections then he will start the next process of filing paperwork with the judge/court to get it rubber stamped 'Early Discharge'.The date of which is when it starts. Do you know anything about that process-what is involved-any more checks etc?