OR threats to benefits

[mish1953]

Hiya - my tuppence ..

tell em to 'ugger off !
If it does go to an IPO they have to go thru court .. there own guidlines tell them not to use child benefit ( and by default ) tax credit as part of income.
IF they do try it point out that they are using public funds to pay off private creditors - which is a misuse of public funds.

I have an IPA - Im a single dad - my child benefit and tax credit are NOT counted as income .

Rant over - illegitimus non carborundum -

Slainte
Mish

[MelanieGiles]

Which OR's office are you dealing with? We have close links into a lot of them and I would be happy to consider putting a call in on your behalf if it would help.

The Insolvency Service have recently recruited a lot of junior examiners who are relatively inexperienced to cope with the growing number of bankruptcies. You do occasionally have to find a proper decision maker within - either at the Office Manager level or as Ian has suggested the Assistant Official Reciever.

[chris.g]

It's the Newcastle-upon-Tyne office. I must admit she did seem inexperienced and unsure about things, contradicting things that she'd said to hubby and she didn't even know her email address when I asked for it. They're also having trouble understanding the 'fixed sum loan agreement' concept, my previous post,october '07, about my car... She said that no one in the office had heard of that and kept referring to the car as being on HP. Anyhow, she's getting back in touch regarding the car so I'll have another chat with her-using the info I've got now and see what happens. Thanks for the offer Melanie, I might take you up on it, depending on what happens.

[ianmillington]

I'll tell you what worries me Chris - looking back to your original post on the subject, she appeared to have made up her mind how much she wanted from you before your interview. Worse, if you think about how much she wants from you both (£90 per month) when added to the deposits you paid on petition, very nicely settles the ORs Admin and DTI ad valorem fees. But perhaps I'm a cynical old beggar!

Ian

[chris.g]

I did think it was strange how she had got £180 disposable income and had added hubby's £180.99 WTC into the equation!!! Coincidental or convenient??? Anyhow, I'll need to contact her today, I received an email from work last night, they've terminated by contract due to time off recently-kids poorly and bankruptcy- so will have to let her know that I'm no longer working. Worried she'll include the other benfits now to cover my wage. If she does, I'll request that another person review it.

[Skippy]

How much are those fees Ian? I know I should be able to work it out from what you've said but I'm envelope stuffing at the moment and my brain isn't working!

[Skippy]

Oh Chris, I'm sorry to hear that x

[ianmillington]

Skippy

My staff tell me it's £1715 per person. So the total is £3430.

Chris. I'm really sorry to hear your news. What an awful way to be told it too. It certainly seems to blow the idea of an IPA out of the water now.

Ian

[chris.g]

To be honest I was half expecting it. I worked in a college as a support worker and the groups I cover are being merged so there's no real need for me. As for the IPA, like I say, she threatened to take the child maintenance yesterday so I'm worried she will include the CTC and CB that we received to cover the shortfall now. I've just rang her but she's not available, left a message for her to call me back, so I'll let you all know what happens.

[Skippy]

Good luck Chris. I was really disappointed to hear that the case worker I had been dealing with has left. I really hope I don't have to speak to anyone again but I know from the posts on here how lucky I am to have dealt with her - she was efficient and understanding.

Ian, can I ask one other question - I paid £485 BR fees and if my IPA stays as it is for 36 months I'll pay a total of £7181.00. Does that mean that the balance of £5466.00 will be paid to my creditors or will it get swallowed up with other costs?

[zoe]

Skip
you have to remember Clarke Wilmott will also get a percentage of your IPA!!!!

[chris.g]

Notified the OR, she says she will review but without my wages there probably won't be an IPA, she won't know for definate though until she 'puts it in the IPA machine'--her words!!!. Doesn't sound like she plans to include the other benefits, I didn't dare ask incase it gave her ideas!!! I did ask for extra allowance also, £10 hairdressing and £70 holiday, she granted it so it's defo worth asking for the holiday allowance.[:D]
The thing is the car, I'll not need it for work now, however, as hubby has epilepsy and can't drive, I do ferry him back and forth to work, she says she'll have to get back to me on that after she has spoke to her manager. So keeping my fingers crossed on that one.

[jane.l]

Wow, well done, £70 holiday??? I am amazed, I daren't mention
holidays in mine!

I have wrote to OR saying we do not agree with the IPA and
so are not signing it! Anyone know what is likely to happen now?

Will we have to go to court and fight our case??? I am scared

[Skippy]

I'm glad that things sound more positive for you Chris. Was it the same person you spoke to? I would think that you have a case to keep your car as you need to take your husband to work.

Zoe, I hadn't thought of CW having to be paid! There's not much left for my creditors at all is there? If I'd been able to vary my IVA they would have got a bit more...

[chris.g]

Yes, I was suprised aswell about the holiday allowance, but I though that I had nothing to lose. Maybe someone has advised her about the way she was dealing with our case and she's had a rethink, who knows but it's turned out a bit better for us. So now just waiting to see if IPA computer says yes or no and if we can keep the car.
Jane, keep your chin up. I would ask if I were you, like I say, there is nothing to lose and everything to gain. Think it's between £60-80 so I went for middle....
Can I just ask, change of circumstances??? After discharge would the OR still need to be notified if there isn't an IPA in place?