Anyone Had An Ipo Imposed In Court??

dingdangdo_2

Hi there,

OH and I are fighting an IPA at the moment as we can't afford it, declared BR last August and have had a lot of trouble with the OR, SOA keeps being altered by them to find more free cash and it all seems rather unfair. One minute they allow something and then a different OR disallows it.

Anyway, our last letter said that if we don't agree to the IPA it will go to a judge to decide.

PETRIFIED!

betterlatethannever

Hi Ding.
I bet you are petrified.

I don't know of anyone on here that has been through that (though i maybe wrong) but maybe a look here http://www.debtquestions.co.uk/debt_forum/viewtopic.php?f=14&t=24047 and see if that helps at all.

I'm sure someone else will be along later with some more info for you.

fermi

Income Payment Orders aren't very common now.

Last year there were 12,982 IPAs, but only 72 IPOs.

I know that's not very useful to you, but I sympathise.

However, if you genuinely think that the amount you are being ask to pay is unreasonable and will cause you genuine hardship then you are doing the right thing.

Make sure you have as much evidence as you possibly can to substantiate your reasonable living costs.

fermi

I should add, the one big question I have is:

Have you had the issue with the IPA referred to a more senior examiner?

If not then write to the OR and ask for the assessment of the IPA to be reviewed by someone more senior, since you believe it will cause you hardship.

dingdangdo_2

God, we have been in correspondence with about 4 different people from the OR office, one of which is a senior OR. The problem is that in the first instance back in September the OR wanted an IPA of £150 which we made a complaint about as the guy we spoke to threatened that if we didn't agree they would take one of our cars and the court would impose a higher IPO on us. The cars were never an issue at the start (joint value of less than £1500) We didn't roll over for him but complained and had the case reviewed. This time the SOA was altered and we were asked to supply evidence for a couple of things (high prescription (2x annual prescription charges) and optical costs (£70pm - I know its lots but we have awkward prescriptions!) Anyway, we supplied the evidence and then a different OR refused/ignored it.

The latest letter is excluding one car and increasing the IPA to £250pm! We seem to be getting no where. They really seem to be pushing and not backing down. We just can't afford an IPA. This has been going on for 6/7 months now and its really getting us down. Especially with the court threat.

dingdangdo_2

betterlatethannever wrote: »

Hi Ding.
I bet you are petrified.

I don't know of anyone on here that has been through that (though i maybe wrong) but maybe a look here http://www.debtquestions.co.uk/debt_forum/viewtopic.php?f=14&t=24047 and see if that helps at all.

I'm sure someone else will be along later with some more info for you.

No i noticed that over the past 6 months of reading posts. Just don't get why they are pushing us so hard on it. We don't earn mega bucks, have a one bed house and just about make ends meet each month.

dingdangdo_2

fermi wrote: »

Income Payment Orders aren't very common now.

Last year there were 12,982 IPAs, but only 72 IPOs.

I know that's not very useful to you, but I sympathise.

However, if you genuinely think that the amount you are being ask to pay is unreasonable and will cause you genuine hardship then you are doing the right thing.

Make sure you have as much evidence as you possibly can to substantiate your reasonable living costs.

Thats interesting to hear - although I bet we are one of those 72! We aren't the luckiest of couples!

debt_doctor

Hi,
Dont be threatened by the court. The court has the duty to apply the law to the proposed IPA/O and not the targets of your local insolvency service. I have challenged proposed IPO's only to find the OR doesnt go to court.
The nsolvency legislation is there on this occassion to make sure that you and your family have funds for your normal domestic needs, and to ensure that you are not so limited that you are forced back in to the cycle of debt that the law has relieved you from.

say NO.

DD

blind-as-a-bat_2

Hmmm i think your OR has made any case they could make to a judge very dificult by there record of inconsistancy to your case already and the threatening manner in wich there using the car as leverage to try force you into an IPA, and i think any judge would question your OR,s motive and conduct to be honest based on the evidence you give above

Not all judges are on the OR,s side so dont just assume you cant win, mine was very forthcoming with a warning to watch the OR,s conduct as they sometimes let there targets overule the way your BR should be assesed;)

dingdangdo_2

Well that is all very positive guys, although no matter what anyone says you still stress about it don't you! Human nature I suppose.

I'm hoping that the judge would see how inconsistent and generally out of order the whole process has been and go in our favour but you never know until the day do you. If we had to start paying an IPA we would be hugely struggling again, fair enough it would obviously be better than the £90k debt before bankruptcy but the whole point of going bankrupt was because we couldn't cope - an IPA is going to put us in that situation again. It doesn't seem right.

dingdangdo_2

If anyones interested my soa is on another post of mine, see what you think?