IPA and moving in with partner

13

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  • anyone please?
  • debt_doctor
    debt_doctor Posts: 4,595
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    Forumite
    edited 24 October 2019 at 6:10PM
    Hi,

    Potentially the best way to do this is to put down all of the household expenses for 3 of you, put in all of your income and put in an amount from your partner that is equal to half of all the household costs.
    Explain that you new partner is not prepared to disclose his full income and will not pay for your bankruptcy.

    I am going to give you some guidance on reasonable expenses for your family of 3 based on the allowances in the Standard Financial Statement (SFS) which is used to calculate IPA's.

    Housekeeping: including groceries, school meals, meals at work £750.

    Comms and leisure: phones, internet, hols, alcohol, presents, entertainment etc £ 400

    Personal costs: haircuts, toiletries, footwear etc £ 200.

    All your fixed costs (rent, gas, elec, water, c/tax, transport & travel, etc) are all allowed in full.

    I suggest you post an SOA on here set out as above and let's see where we are. Then it can be presented to the IS. If I feel you are being treated unfairly I will assist you with a challenge.

    I'll look at this thread tomorrow, and will respond to anything posted.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Good morning,


    there is my SOA.
    When I filled my new questionary, I have putted my half share on household bills and added expenses that related with me and my daughter only, so there I will put whole amount for bills, if that’s correct:

    My income 1461.80
    Not sure if partners contribution should be 50% on ALL below expenses or excluded my and my child expenses ?
    Rent £798
    CT £117
    Gas £44-50
    Electricity £44-50
    Tv licence £24 (payment plan 6months )
    Water £23.26
    Internet, tv package , phone £49.46
    Mobile phones (my and daughters )£40
    Food £480
    clothing and footwear £104
    Toiletries £ 39
    Daughters college meal and my at work £ 120
    Dry cleaning £12
    Hairdressing £50 ( 3 people; my and daughters £40)
    College trips £15
    Daughters printer toner and paper £8
    My prescription £10
    Dentistry and opticians £56.22 ( my glasses, daughters contact lenses, my dentist band 2 every 2 months )
    Public transport (2 passes) £140
    Petrol for household £40
    Emergency fund £30
    Gifts £5
    Pocket money £10
    Holiday £60
    Alcohol /smoking £38

    these amounts I have provided to OR and as I have mentioned earlier, she said my IPA should remain £174 especially now when she have checked statements for 3 months.
    Biggest worries if she really can lawfully extend my 36 months when I had payments holidays ; also if she can backdated payments, like for August when I had 3 weeks paid instead of 4 and wage slip has been provided and confirmation to not pay has been received .

    Thank you
  • update from OR:
    Ipa will be not reviewed and amount stays same , and plus they will send me additional agreement to add 4 payments after IPA will finish, to cover 4 months payments that they allowed to not pay when I had less income or extra expenses.
    They says these payments are in arrears.
    That’s by rules? that’s has to be agreed?
    Let’s say on July I have worked 3 weeks of 4, and received ~£300 less so they have confirmed I don’t have to pay IPA that month.
    But now they want me to sign this and to pay after 36 months IPA finish.
    Sounds not really ok
  • SarahDoe
    SarahDoe Posts: 39 Forumite
    I had few months payment break and had it added to the end of IPA. But did not have to pay the Tax contribution. Only IPA bit.
  • Thank you.
    I do understand it was agreed between you and OR, in my case has been said “you don’t have to pay this month “ and now they saying I will have to make 4 payments after IPA finish
  • debt_doctor
    debt_doctor Posts: 4,595
    First Post First Anniversary Combo Breaker
    Forumite
    Singlemumm wrote: »
    update from OR:
    Ipa will be not reviewed and amount stays same , and plus they will send me additional agreement to add 4 payments after IPA will finish, to cover 4 months payments that they allowed to not pay when I had less income or extra expenses.
    They says these payments are in arrears.
    That’s by rules? that’s has to be agreed?
    Let’s say on July I have worked 3 weeks of 4, and received ~£300 less so they have confirmed I don’t have to pay IPA that month.
    But now they want me to sign this and to pay after 36 months IPA finish.
    Sounds not really ok
    An IPA runs for 36 months and can be varied up and down by agreement during that time. If your IPA has been varied due to a reduction of income then there should be no catching up to do.
    Sometimes an IPA can have a delayed start or a temporary suspension to allow a bankrupt to pay for / save for something specific like a cheap car or large household appliance. In these cases months can be added, but certainly not when the IPA was varied due to less surplus money.
    I would not agree to extending the 36 months when payments were reduced / suspended due to lower surplus income - this is exactly what an IPA is meant to do.

    As regards to having a surplus to collect an IPA, If you add up ALL of your fixed costs and the 3 types of allowances I gave you earlier and subtracted all of YOUR income and subtracted an amount equivalent from your partner than cover half of ALL the household costs then you should see what surplus there may be.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • debt_doctor
    debt_doctor Posts: 4,595
    First Post First Anniversary Combo Breaker
    Forumite
    From the Insolvency Service Technical Manual.....

    31.7.161 Variation of an IPA by written agreement

    An IPA may be varied by written agreement between the parties [note 1]. This can be achieved by an exchange of letters, where the official receiver confirms any reduction or increase in payments, and the date the new payments will commence. Variation of the agreement does not require the original IPA to be redrafted, and whilst it is possible to vary an existing agreement post discharge, it is not possible to enter into an IPA after the bankrupt has received his/her discharge [note 2].The amounts to be collected can be changed under the agreed variation, but the period of the agreement cannot exceed three years from the date the agreement comes into force. [note 3][note 4]. This includes where any payment holiday has been agreed (for example for the cessation of payments due to a change of circumstances for a limited period i.e. 6 months) or where for example after 6 months of paying contributions under an agreement the bankrupt’s circumstances change, such that he/she can make a significant increase in his/her contribution. In these circumstances the existing agreement should be varied, the official receiver should not ask the bankrupt to enter a new agreement for the increased amount.

    So, if the variations were agreed, they cannot be collected later. It's a different matter if you failed to pay without agreement.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Thank you, DD!
    I never failed to pay without agreement, NEVER.
    All months when I did not pay, OR has been informed, and all confirmations have been received.
    This extension receiver manager decided to do after have checked my statements and made comments about lottery tickets and buying food at Spar shop, but there were no extra income definitely, from the start my IPA my income was wage/tax credit /child benefit.
    so is she says she want to collect all “missed “payments ( they are not missed!) what rule she will use? I don’t get it.
    And again,she said if I will miss any payment, she will instruct CW “to do something else”.
    I have never missed any payment without agreement and I have proof
  • Debt doctor, when you saying ALL fixed expenses, should I add car insurance (car isn’t my) and car monthly payments please?
    if partner does not contribute my debts situation, then I should not include car expenses as household?
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