day from hell!!

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jane.l

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Post by jane.l » Thu Sep 20, 2007 1:55 pm
I feel like I am going around in circles today!

I called the OR office on Monday and was told there was insufficient funds for a IPA. Got a call today saying they are trying to get one at around £100 per month, if I can get some benefits to live on[:0]

I have been to Benefit Office, cannot get Income Support as hubby works, MAY get Job Seekers Allowance but they are doubtful as I only worked part-time so have probably not paid enough NI contributions. But if I do get another job, we would need another car, and OR would probably say no to this! I applied for Housing Benefit a few weeks ago and was told the claim cannot be processed as I do not have original bank statements, wage slips, I had to send these to the OR office. Have been told we do not get these back! I rang the Housing Benefit office and they said ask your old bank for a print off of last month’s transactions, so I did, THE ACCOUNT IS STILL OPEN, it has been incurring charges daily since bankruptcy!!!!!!

God what a mess! I just don’t know what the hell to do!!!!!!
 
 

katy

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Post by katy » Thu Sep 20, 2007 2:17 pm
I don't understand how you can fund a IPA if you simply don't have the funds in the first place. I wonder why they said you weren't going to have one and are now saying you are. I'm a week or so behind you so I hope I don't have all this to come.
Apparently it takes two to three weeks for the OR to send out all your bankruptcy details to your creditors including banks so maybe they haven't reached them yet, you won't be liable for the debt now though.
Try not to stress and explain to the OR that you've done all you can to get benefits and it's not happening, it says in the bumpf that they won't leave you without the funds to function in everyday life.
 
 

Skippy

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Post by Skippy » Thu Sep 20, 2007 2:22 pm
Don't worry Jane - if you aren't elegible for benefits there is nothing the OR can do about it. You have done all you can by enquiring at the Job Centre. All you can do is explain to the OR that Housing Benefit claim cannot be processed as you don't have the original statements. The OR has seen all this before!
Regarding the bank charges - I wouldn't worry about them, it's could be because the OR hasn't informed the bank of your BR.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

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jane.l

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Post by jane.l » Thu Sep 20, 2007 4:07 pm
The OR has disallowed some of the costs of pets, all the contingency (which was £15, this was for school trips, xmas) and reduced our clothing budget to £80 for 2 adults and 3 teenagers! He said £100 was too high.

Not sure how he's worked it all out, I had £20 left.

All our creditors were told of the bankruptcy on 11 Sept, so not sure why the bank accounts still open, hope I am not liable for these extra charges!!!!!!!!!!!

Just don't know what will happen now. I am soo worried
 
 

BrassicLintus

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Post by BrassicLintus » Thu Sep 20, 2007 4:21 pm
Hi Jane, I've got the same problem! Lloyds and Tesco are adding charges to my accounts and demanding immediate payment!!! Plus I've had a letter saying I have to sign up to agree to pay an IPA. But the OR worked out my disposable income based on my last 3 months salary, but unfortunately in July I had to work overtime, and this was counted towards my average salary - and the OR said I have £531 surplus a month!!! I wish!!! (and if I did surely I would be in an IVA!) So they are saying I have to pay £350 a month. My actual surplus in a normal month is about £50!. They've sent me a form that I have to sign and return saying I agree to the IPA - but I don't!!! I did explain to the OR at the interview that my normal salary is much less and he said it usually takes around 3 months to set up so all I would have to do is send in my latest 3 months payslips showing my normal, lower amount, but the letter states that my first contribution will be made on or shortly after the 28th September!!! Don't know what to do.
 
 

BrassicLintus

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Post by BrassicLintus » Thu Sep 20, 2007 4:23 pm
Just finished opening my mail and got a letter from my mortgage company saying my mortgage payments are increasing by £48 a month!!! So my surplus income is now down to about £2!!!!!! And the OR wants £350!!!!!
 
 

jane.l

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Post by jane.l » Thu Sep 20, 2007 4:35 pm
You should really ring and explain

I am soo confused at the moment, why are they trying to get an IPA when we will have barely enough to live on, can we appeal if we do not agree with the decision?

OR said I should get benefits and then he can take money from husband!!!!!???????

But I cannot apply for the benefits cos they insist on ORIGINAL documents and I dont have them anymore!!!!!!
 
 

ray_a

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Post by ray_a » Thu Sep 20, 2007 4:41 pm
Jane

I would if I was in your position write to OR explaining your position.

You need something for contincies and this clearly has not happened.

As well I would explian that your personal cicumstances do not allow you to get benefits.

Hope this helps
 
 

jane.l

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Post by jane.l » Thu Sep 20, 2007 4:44 pm
I have explained to him so I will just have to wait and see what happens now

he specifically stated contingency funds are NOT allowed [:0]
 
 

Skippy

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Post by Skippy » Thu Sep 20, 2007 4:49 pm
The OR disallowed my contingency as well, although I did claim for it again when I completed my IPOQ.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

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scaredkez

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Post by scaredkez » Thu Sep 20, 2007 4:54 pm
i wasn't allowed a contingency fund either, i can't believe the OR is being so harsh on you jane, how does he know you are entitled to benefits does he work in the benefit dept, not everyone who isn't working is entitled to anything, i don't know what they are trying to prove in your case, i was allowed £200 per month for clothes because of the age of my children and they grew fast, obviously your OR has no children and doesn't realise the costs involved with them, hope it is sorted soon for you.
kerri

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Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

BrassicLintus

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Post by BrassicLintus » Thu Sep 20, 2007 4:55 pm
Jane, I have explained all to the OR (several times!), but i'm reluctant to sign the IPA form because i don't agree with it! It does state in the letter

"If you are not happy with the terms of the income payments agreement please notify the Official Receiver in writing within 14 days of the date of this letter of the reasons for your decision and/or to discuss any variation in the terms, or a change in your circumstances"

It also says :-

"Please note that once the Official Receiver has signed the Income Payments Agreement you may apply to Court to have it varied or stopped. The Income Payments Agreement may also be varied by written agreement between you and the Official Receiver. If at any time during the period of the agreemtn you wish to change its terms, please contact the Official Receiver in writing stating the reasons for the requested change"

So Jane, it looks like we're both going to be busy typing letters to the OR explaining why we can't pay an IPA!!!
 
 

BrassicLintus

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Post by BrassicLintus » Thu Sep 20, 2007 4:57 pm
Skippy, if you're on can I ask quick question? Did you receive a document to sign agreeing the monthly amount to be paid for you IPA? And if so, how long afterwards did they start collecting the money? Cheers.
 
 

ray_a

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Post by ray_a » Thu Sep 20, 2007 5:00 pm
Jane

I was working with someone on a commercial case with the OR and had an awkard OR who clearly didn't understand what he was doing!

I got fed up with him to the dismay of the person I was helping and told this particular idiot that he didn't know what he was doing. He lost the plot threatening me all sorts of legal threats to both myself and the other party. I just remained cool and asked to see his manager. After more volcanic eruptions he called his manager.

After 20 minutes with his manager we had sorted the problem out and we were on our way!

I think this is another example of assking for the file to be reviewed! Please get someone senior to look at it!

Hope this helps!
 
 

Skippy

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Post by Skippy » Thu Sep 20, 2007 5:06 pm
The OR sent me an IPA form to sign in April (I think) and I made my first payment on 30th June. It was supposed to be 4th June but Clarke Willmott agreed to change the date.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

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