IPA question

zippyspice

I became a BR in june 2007. as i have excess income i agreed with my trustee to contibute to an IPA. my income changes on a monthly basisi due to commission but should i still have a fixed amount agreed? at the moment he wants me to calculate the tax and then a variable amount myself each month. also am i under any obligation to make contributions until the IPA is formalised? my trustee is currently asking me to make payments until march without a formal agreement in place and will revisit the fixed amount issue when my tax code returns to normal.

shoudl i be making any payments without an IPA formal agreement being signed?

dalip

Sounds odd to me. I have an IPA but i had to sign an agreement,then got letter from CW with information on how to pay it.Jan was my first payment.Dalip

tigerfeet2006

Not sure about this but bumping for the more knowledgeable.

zippyspice

Dalip

was your IPA set up with a trustee or direct with the OR? despite me co-operating fully, providing all details of income, monthly expenditure and agreeing how the IPA payments are calculated My trustee will not set up a formal agreement and has just informed me that if i do not confirm that i have made payments he will assume i am ceasing to co-operate and act accordingly. I have made 3 payments without an agreement in place and all i want to do is get a formal acknowledgement that these payments are towards and IPA so that i do not find myslef paying for more months than i need to. is that so wrong?

i phoned the Insolvency service helpline who said is i was dealing direct with teh OR yes and IPA agreement shoudl be in place but that as my trustee is an insovency practitioner they have their own poicies. can anyone point me to how i get a definatve answer to this as i find my trustee's actions most odd and strange that he woudl have a different policy to the OR.

debt_doctor

Hi, you need to contact your OR office and inform them you require a written agreement stating that these payments are part of an IPA,and when it started, and, after giving them the oppertunity to agree to this then say you will stop paying and would be happy to inform the court as to why.


31.7.47 Instructions to RTLU and collection agents
Once the IPA is effective, unless there are other assets in the case which mean that it is likely that the appointment of an IP trustee will be made, using form ICW (to ensure that consistent information is supplied in all cases), the official receiver should instruct the collection agents employed by the service by e-mail (see Case Help Manual part Income Payments Agreements, paragraph vii, Cases to go to RTLUs
and the case must then be passed to the appropriate RTLU to monitor collection. The collection agents will acknowledge receipt of the instruction to the originating official receiver and provide their reference number. On receipt of the case, the RTLU should e-mail the collection agents to inform them that the case has now been transferred, the collection agents will then e-mail an acknowledgement to the RTLU.
Where there are other assets and a trustee is likely to be appointed, the official receiver should not neglect to take those steps necessary to secure the payments under the IPA pending the appointment of the insolvency practitioner. Should any payments be made by the bankrupt prior to notifying the collection agents, these must be included in form ICW so that they can be taken in to account. Any payment resulting from an NT coding being applied to the bankrupt's income should also be identified on the instruction sheet so that collection can commence as soon as the NT coding is applied by HMRC.
Should the collection agents (Clarke Willmott), be informed by the bankrupt that he/she is in receipt of a bonus payment from his/her employer, the collection agents will notify the relevant RTLU/official receiver with regard to this information. It will then be the responsibility ofthe RTLU/official receiver to take the matter forward regarding any action to collect the bonus payment if it is appropriate to do so. The collection agents will also inform the bankrupt that the relevant RTLU/official receiver's office will contact them regarding any action arising from this change in circumstance

Best

DD

zippyspice

debt doctor,

thank you for this information. i think my problem is that a trustee was appointed by the OR before IPA was discussed. it is the trustee that i am having difficulty with. does this information still apply

blind-as-a-bat_2

If im not mistaken, and im sure fermi or DD will correct me if im wrong, the trustee is acting on behalf of the OR so it is the OR,s responsibilaty that they are acting correctly so report it back to your OR who should correct the issue promptly, if not follow DD,s advice

debt_doctor

I agree with blind a a b on this one. It was the ORs responsibility to secure the IPA initially.

DD

fermi

I did have some info on that. That had been posted before.

But the bit I found was the wrong one on reading it through. Shall hunt for the correct bit.

blind-as-a-bat_2

fermi wrote: »

I did have some info on that. That had been posted before.

But the bit I found was the wrong one on reading it through. Shall hunt for the correct bit.

Thought i was seeing things for a min there:p

fermi

blind-as-a-bat wrote: »

Thought i was seeing things for a min there:p

It related to something very similar, but not quite relevant here when I read it though the second time.

I've seen something somewhere that is quite definite, but not sure quite where at the moment.