day from hell!!

[BrassicLintus]

So do you think I should just sign the form, send it back and wait for Clarke Willmott to contact me (haven't heard anything from them yet), or should I try and explain to the OR in writing why I cannot afford the £350 IPA? When I explained it on the phone to him all he said was that he HAD to take into account my last 3 months wages and worked out a monthly average from that. But only 1 month out of 3 showed any overtime and I have the whole of this years payslips to prove that July was an exception rather than the norm.

[ray_a]

So do you think I should just sign the form, send it back and wait for Clarke Willmott to contact me (haven't heard anything from them yet), or should I try and explain to the OR in writing why I cannot afford the £350 IPA? When I explained it on the phone to him all he said was that he HAD to take into account my last 3 months wages and worked out a monthly average from that. But only 1 month out of 3 showed any overtime and I have the whole of this years payslips to prove that July was an exception rather than the norm.

This is quite disturbing as the OR are making some mistakes here!

I think another review clearly needs to be done!

Looks like BR is getting as bad as IVA's[:(!]

[BrassicLintus]

I really don't want to keep harrassing the OR because he seemed quite generous in my I&E allowances!!!!! And if he gets peed off - he may have a rethink!!!!!

[pippa]

Brassic lintus

I suggest you contact the OR again however put it in writing as it states on the letter from their office, have you had another wage slip since going BR? I suggest you photocopy it and include that with your letter. Also include a copy of your mortgage increase too.

Jane, I absolutely cannot see what they are trying to prove by insisting that an IPA is possible, you have no income? your hubby is not BR is he? so how can they say they will take the money from him? I again can only suggest you put a strong letter in writing and send it for the attention of the Official Receiver (their name will be on the insolvency website)and not the assistant OR who is dealing with your case.
My surplus income was £90 the OR never once said hang on lets see if we can stretch another tenner out of your expenses so we can get an IPA going, I think some of the OR offices have been a little unprofessional, thankfully no complaints with mine. But it is worrying that peoples experiences are very different depending on where you live.

Good luck

Pippa

[ray_a]

What happens then if you miss a payment especially if you don't have the funds to pay which is what has happened in this case?

[BrassicLintus]

Ray, it states " if, for any reason, the agreed payments cannot be made, I(me) shall notify the Official Receiver or other trustee immediately and explain the reason."

And it also states that "If I fail to make the agreed payment on two consecutive occasion, i agree to any collection agent acting on behalf of the Official Receiver or other trustee, contacting my employer to arrange for payments to be deducted from my salary and i hereby authorise my employer to make such deductions and to remit those monies to any collection agent acting on behalf of the Official Receiver or other trustee"

So basically if you don't pay - they slap an earnings order on ya!!! Now you can see why I am reluctant to sign up to this IPA!!

[BrassicLintus]

Cheers for the advice Pippa, I'm going to phone the OR tomorrow with an offer for my car and to inform him of my mortgage increase. I'll stress to him again that I'm not happy with his IPA figure as it doesn't reflect my true earnings and see what he says. If I don't get any joy, I'll put it in writing and wait and see. We were both dealt with by Cardiff court weren't we? I guess if my wages hadn't included any overtime then it would have been straightforward. But the annoying thing is the overtime money went to pay the BR filing fees!!!!!

[Skippy]

I wouldn't sign the IPA Brassic. I would put everything in writing to them and send it either Recorded or Special Delivery. There is no point in signing it as you know you can't afford it.

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

View my blog at http://skippy13.blogs.iva.co.uk/

[BrassicLintus]

Well, going to talk to OR tomorrow and see what he comes up with. I went BR on 29 August, so I have at least 3 weeks payslips that show my normal wage to send him. If I get no joy, I'll take your advice Skippy and write to him. I thought it was all going too well!!!!

[jane.l]

Yes, both me and husband went bankrupt, I worked out that we had about £20 surplus, as the OR has disallowed some things, I think it is now about £65. BUT he just said try and get some benefits so I think he means for us to live off the benefits so that frees up some more surplus from husbands wage. He mentioned he was looking at taking £100 per month from us, but surely to do that we must have a surplus of £200???? I just do not know what he is planning!!!!!!!!!!!!!!

All we have now is hubby’s wage and child benefit for the 2 youngest children as the eldest is 18 and starting a degree so I am not entitled to anything for her!

I still have to buy her clothes, etc, she gets nothing for this. She starts college next week, it costs £5.70 per day on the train and I have to pay this until she gets some money for her living costs!!!!!!!!!!!!!!!! AND we have worked out that the lving costs/her grant will only just pay for all the travel she needs to get to Uni!!!!!!!!!!!!!!!

Two youngest children are 11 and 15 and are in adult size clothes now, both have large feet and I have to buy adult sizes!!!!!!!!!!!!!!!!

This is really worrying me, I will have to try and appeal if he persists in trying to get an IPA of £100 per month!!!

I really feel we are being punished, or more importantly, I feel the children are being penalised for something that is not their fault! My daughter is having her photo taken today at school and I will not be able to buy this, this is what the contingency fund was for, but now the OR has disallowed it! The cats' costs will have to come out of our shopping but that amount is barely enough as it is, so what do I say to the children "would you like to eat or keep the cats, 'cos you cannot do both!!!!!"

I feel it would be better if I were not here

[lily]

Jane

I know its hard right now but you must not think that it will be better if you were not here. What do you think your children would say if you went away? "oh, thats good we can get on with our lives now"? No they would be deverstated, besides them selves and they would think, I thought she loved me. Please dont think they would rather have 'things' or a photo rather than you.

I know its hard, believe me, I am living on a budget too but I have lots of hugs for my kids and I am here to meet them when they come home with a listening ear, a loving look and an interest in what they did. I asked them what they wanted most of all last christmas and my son said, I want you to be happy and not cry anymore.

You cannot give your children what you do not have, neither can I but I want to live for them and give them what they need most, love. Your children are priceless, so are you.

You should think about talking to your doctor, these feelings you are having are real and you may need some help to make life more bearable right now.

What are you kids doing right now? Sitting in the class wondering what is going to happen and where all this is going to end for them, probably wondering how you are and how you will be when they get home. Limit the damage for them Jane, please dont think about leaving them. They care and will want to help.

lily

[R1chard]

this is exaclty why ive decided to do now what i should of done two years ago.

my child is 5 in november, and ill be finishing my iva whens he 10, so hopefulyl will be able to get him the thnigs he needs and not scrimp and save.

[katy]

Ah Jane, I know exactly how you feel. I often think my husband and daughter would be better off without the person who got us into this mess but it's not true, they wouldn't. Lily is right, a visit to the doctor may be an idea. I have been on anti depressants off and on four the past four years and they do help but just get yourself there and have a chat, they may be able to help you.

[ray_a]

I do think that the OR has made an error so please write explaining to them where they have made an error and try and get this to a higher level so that it can be reviewed.

Whilst we all except that if there are surplus funds available they should be paid to our creditors one has to be realistic with the fact that family needs also have to be met!

[andymac]

Reading this thread with interest. It seems that the service from the OR varies hugely depending upon where you live.

If anyone has looked through the BRU listing on the insolvency website, some people seem to rack up huge debts on gambling and get a small BRU, others with tiny debts and seemingly simple factors leading up to their BR, get whacked!

We live in an old house with no double glazing, hence our oil fuel bills are high. Everyone keeps telling me that the OR will never accept such a high bill, but what am I supposed to do exactly? I can prove the costs by going back two years with the bills!