IPA request just after discharge date? Should I have a discharge letter?

Skintnorthernmonkey · 20 September 2018 at 12:07PM

hello all

I've done some digging, and found the answer already I think, but I wanted to clarify specifics...

The OR contacted me a few months ago to reassess my earnings and expenditure, and I cooperated and submitted everything requested.

They queried a few expenses, I justified them (I thought) and I heard nothing back. Absolutely nothing.

Four days after my discharge date, I find an email from the OR sent two days before my discharge date asking me to submit further justification for expenses and requesting a make an IPA offer to the OR. By the time I had even read the email, of course my discharge date had come and gone.

Do you receive a discharge letter or any paperwork confirming discharge? I've yet to receive anything.

Can an IPA be applied at this point, given the email was sent a couple of days before my discharge?

Does this mean my discharge will likely have been halted? Would I have been informed if it had?

I'm really stressed (perhaps needlessly) about this, as I really thought it was all done, dusted and cleared. I have replied to the OR, and head nothing back for a few days. My discharge date was five days ago now.

From what I've read on the internet (because, y'know, everything you read on the internet is absolutely gospel truth, and once someone writes it on the internet it gets assimilated into law) because my discharge date has passed, then I have nothing to worry about and an IPA cannot be applied. But because the OR's email was sent two days before discharge, this makes me wonder if the discharge won't happen until this is resolved.

Good people of the anonymous masses, am I getting my pink cotton panties in a twist over nothing?

National_Debtline · 20 September 2018 at 12:46PM

Hi Skintnorthernmonkey

You will not receive a letter advising you of your discharge, this usually happens automatically after 12 months. Although discharge can be postponed for not cooperating with the OR, this is not common.

This is what the Insolvency Service's technical manual says about an IPA and discharge:

31.7.9 Agreement must be signed by the bankrupt and the official receiver to bring it into force before the bankrupt is discharged

An IPA can only be entered into prior to the discharge of the bankrupt and only comes into force when the official receiver or trustee signs it. This means that in order to ensure the IPA is valid, the agreement must be signed prior to discharge by the trustee or official receiver. The bankrupt can be allowed up to 14 days (or longer, if specified by the official receiver) to consider a draft IPA, sign and return the agreement. The policy of the Service is to allow a 14 day "cooling off" period after the bankrupt has signed the agreement. This is not a requirement of the legislation and it must be remembered that for the agreement to come into force it must be signed by the official receiver prior to the bankrupt receiving his/her discharge. The official receiver should not delay signing the agreement where the bankrupt’s discharge will occur before the 14 days expires. Ideally the agreement should be signed at the earliest opportunity, in order to validate the IPA. It is especially important to allow enough time for the IPA to be validated where an application is to be made for early discharge.

I would suggest you get in touch with the OR to confirm your discharge and whether an IPA has been made.

Best wishes

Susie
@natdebtline

Helpmeoutofthismess · 20 September 2018 at 12:52PM

Hi, if you click on your name on the insolvency register, it will say if you are discharged or not at the bottom. As far as I am aware if the insolvency service did not suspend your discharge or set up an IPA before your discharge date then they are too late to set one up now.

Good luck

H x

Skintnorthernmonkey · 20 September 2018 at 1:00PM

I just checked the register. It says:

"Status Discharged On 15 September 2018"

So. I'm discharged.

I have cooperated with the OR at every turn and been very prompt with responses whenever one was required.

In my last communication with the OR I specifically asked if I had been discharged already, but they have not yet replied.

can they apply for a reversal? Would they do this for the sake of £150 (which is the amount we are talking about that is in question)?

I definitely do not have an IPA set up at the moment.

It seems then I can untie the knots in my underwear?

Skintnorthernmonkey · 29 September 2018 at 12:25AM

Update:

Heard nothing whatsoever from the OR since. Not even a confirmation that I am discharged. So, I'm going to just crack on now with rebuilding the finances and take the higher paid position at work I was just offered.

debt_doctor · 30 September 2018 at 11:32AM

Hi,

You are discharged without an IPA in place. You are now free to earn whatever you wish.
The insolvency service cannot lay claim to your income any longer.
DD

IPA request just after discharge date? Should I have a discharge letter?

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