help please-desperate after OR interview!

debt_doctor

Hi the OR is not behaving in a reasonable manner. Refuse to sign the IPA, or if he has signed, do not pay, and let the OR take it to court. If that happens we will provide you with the evidence and technical manual quotes that you may need to support your case.

Best

DD

chrissyxx

Hi. Thank you to you both. Son assures me he was polite, but was totally shellshocked by what the OR was saying, and probably didnt object enough at the time. He earns such a pittance, that he didnt expect any problems whatsoever, and was just amazed when his OR just kept dismissing all his outgoings. He said she seemed unsure a couple of times, and certainly gave him no help whatsoever with what he should have claimed for. We hadnt found this site when he did his I&E form, so were very naive when filling it in. Lady at CAB had a look through it and said it seemed fine, but he had to be careful not to let what he put as outgoings exceed his income. In reality, they do, and his dad and I have to subsidise him every week. He was so scared about this whole thing, and so terrified to say his outgoings were more than his income, he didnt claim the things we have to pay for him. After the OR interview, we were both so upset that I contacted debtline, who suggested we explain all this in a letter and submit a revised budget sheet, along with a letter from myself explaining that we cant afford to help. WE have done this, but are still worried sick that now they will think he is trying to 'cheat' somehow by changing everything. ( he isnt!)He has tried so hard to be honest, and far from bankruptcy giving him a fresh start, it feels like its given us all another 3 years of hell, as it's put him in a far worse position.
DD, thank you so much for the offer of help. If it wasnt you people on this site my head would have been in the electric oven this past week (dont have gas fortunately lol!) Thank you all for your wise words and support.

Addicted2Chocolate

This is just my opinion, and as we know from here there is a problem with lack of consistency with OR's and IPA decisions. However if I were dealing with this case:
From the off set i would be looking to be generous with his outgoings because he has a low income. In fact his income is comparable to someone on benefits, and an IPA would not be considered with that income.
Re: travel: allowable is whatever it costs for petrol and other essential journeys: i would class costs for dropping/collecting child from mother, supermarket etc as essential. So i think his petrol should have been allowed in full.
Same for the rent and housekeeping: as long as he can show he really has been paying the £200pcm. I am NOT suggesting he is being dishonest, just that the OR can request some documentary evidence. £100 for housekeeping seems under what it should be to me.
Your son should NOT sign the IPA. There is a 14 day cooling off period for the bankrupt to consider whetehr they really can afford the IPA agreed to during the interview. I think he should just write back saying he thinks he cannot afford to make any payment, repeat his outgoings and give reason for each.
I do agree with poster that the maintenance seems too high. In amicable agreements the OR uses the CSA gudielines to determine what to allow. 15% of take home for one child, as a rough guide.
He should then await the examiners reply. If they refuse to budge he wil have to decided whether to hold his ground and take it to court. I cant imagine a district judge ordering an IPA in these circumstances.
If your son feels he has been bullied or oppressed into giving agreement to the IPA, he should head up all correspondence with COMPLAINT. Obviously we dont have the examiners side here, but from what you have said it sounds like he has not been treated fairly, which is grounds for a complaint. The complaints procedure is dealt with here:
http://www.insolvency.gov.uk/freedomofinformation/index.htm

Richard_S

Hi A2C,

I think that post confirms what we all thought; that should be very reassuring for chrissyxx.

Regards

Richard

tigerfeet2006

Thank you so much A2C it is so good to have an OR's opinion on this and to confirm our thoughts on the matter.

Addicted2Chocolate

just to clarify I am not an actual OR, i just work in an OR's office, but assessing IPAs is part of my job.

tigerfeet2006 wrote: »

Thank you so much A2C it is so good to have an OR's opinion on this and to confirm our thoughts on the matter.

tigerfeet2006

Addicted2Chocolate wrote: »

just to clarify I am not an actual OR, i just work in an OR's office, but assessing IPAs is part of my job.

Ooops!! sorry . Well you never know one day you may be

chrissyxx

Just wanted to thank Addicted2chocolate for the reassuring and measured post. This is such unchartered territory for us, as it was I'm sure for most of the people here, and until we found this site, we felt very alone in trying to deal with everything. Despite trying to get advice, we obviously weren't as well informed or prepared as we should have been, especially regarding IPA's etc. I only wish someone had given me the address of this forum from the outset. We have learned so much the past few days, and it's made a world of difference to have you all metaphorically holding our hands!
If anyone else is as panic stricken and worried as we have been, it would make such a difference to them to know how much help and support is available from people who have 'been there'.
Just a quick comment re maintenance, yes, this is quite a high amount, but it was originally £220, so has come down quite a bit already. Hopefully he could broach the subject of another compromise there . Incidentally, son's just had this weeks wage slip-£140! Last week £150! With a job like his, the wages are dependent on available shifts so its very difficult to put a definitive figure on it, but since Christmas, its definitely quite a bit lower than the max £750 pm he quoted on I&E originally.
We have sent a letter already saying pretty much what you have advised, and let's hope that there is still a glimmer of hope on the horizon. Thank you all so much xx

tigerfeet2006

Chrissy may I ask who you got advice from originally?

I agree it is an awesome site, when things have calmed down for you all have a pottle round the other boards and forums, there is an amazing amount of info in them and Martin's main site with all the information on is fantastic. Don't forget to sign up for your money tips email as well.

One more thing can I just say what a fantastic Mum you are and your son is very lucky to have you helping him.

chrissyxx

Hi Tigerfeet. Thank you so much for your comments.
First of all we tried the accountant for help, who tried negotiating with creditors for a while, but to no avail. Eventually he suggested we just download forms from net! The National Debtline were really helpful when he first got into difficulties, but to be honest, eventually we ended up just doing the forms ourselves and trying to find our own way through. He did go to CAB with forms downloaded from Insolvency site, and a lady there checked them through, and explained we'd need 3 copies etc, but no-one really explained exactly what would happen after the judge declared him bankrupt. In fact, he thought that was the end of it, until the clerk told him the Official Receiver would be contacting him! We did say at the time that it was as if everyone in authority just expected us to know everything! For example, we didnt even realise the bankruptcy fees needed to be paid in cash and had to run to cashpoint! We had tried to research everything, but still felt we were struggling alone to a certain extent, and I'm sure many others must be in the same situation. I just wish I could tell you all how much you have helped us.
Thanks again.