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Just want to say "Hi!" to everyone in the forum. I'm new in the forum.

 

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Hi, I was declared bankrupt in March 2011 and no IPA/IPO was set up then because I became ill and could not work. I was discharged in March 2012. Do I need to have IPA/IPO set up now so I can pay back my creditors?

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Good afternoon, welcome to CAG.

Do you need advice on a problem?

 

Yes, actually I do have a problem. I was declared bankrupt in March 2011 and no IPA/IPO was set-up then because I became ill and could not work. I was discharged in March 2012. Can I arrange an IPA/IPO to pay off my creditors? Another problem is that one of my creditors who was also included in my bankruptcy may have sold my debt to a recovery company and is now demanding me to pay the debt. The company is saying they will take me to court if I don't contact them and settle the debt.

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In a word - no. An IPA/IPO can only be placed before discharge. Presumably they didn't consider it necessary to do this because your income was too low. Congratulations on your discharge and I hope you get well soon!

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Two threads merged

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Oh, ok, thank you. What about the creditor who is demanding me to settle the debt? Can they bring me to court although it was in my bankruptcy and also that I am already discharged? Do I need to settle the debt with them now? Thanks

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Oh, ok, thank you. What about the creditor who is demanding me to settle the debt? Can they bring me to court although it was in my bankruptcy and also that I am already discharged? Do I need to settle the debt with them now? Thanks

 

It is my understanding if the debt was included in the BR, and you have now been discharged you are no longer in debt.. to anyone. I suggest you give the creditor chasing you, the BR reference and the name of the person who was administering it for you.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you. Also, with regards to the creditor who is demanding me to settle the debt that was included in the bankruptcy, what do I do with them? They say they will bring me to court if I don't settle the debt.

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Who is the creditor who is chasing you ?

 

You simply need to let them have the BR reference and the name and address of the person who was the BR administrator, and tell the creditor to contact them.

 

I have flagged your thread for someone who will know more about this than me - they will look in on you as soon as they can.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you started working again then and if so when?

 

 

Why is this relevant ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you started working again then and if so when?

 

NOT relevant at all.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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It is relevent if she started working again before she was discharged

 

The insolvency rules require an IPA to be filed, or an IPO to be proposed, before discharge. If there were evidence of non-compliance, such as failure to provide info about new income (which would be hard to hide), then discharge could have been suspended by the Court to allow for further investigation and therefore more time to sort out an IPA/IPO. But once discharge has taken place, automatically or otherwise, it is absolute and cannot be reversed.

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It is relevent if she started working again before she was discharged

 

Although worth pointing out that if an IPA/IPO HAD been set up pre-discharge, a higher or lower income arising from a new job would be picked up on review, and payments revised accordingly.

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Can we please return to the question that the OP actually asked.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi

 

Fully agree citizenB and as the Op has as they stated been 'Discharged from Bankrupty'.

 

What he can consider but not required is if they actually want a 'Certificate of Discharge' which cost a small amount but the OP would have to apply to the court where the bankruptcy order took place to confirm cost and to get the court form forwarded to them.

 

I would agree that it would be best although you are discharged to contact the administrator/trustee for your bankruptcy and advise them of the circumstances and get there response.

 

Have a look at this link from the Insolvency Service and look under Bankruptcy may be of help:

 

http://www.bis.gov.uk/insolvency

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thank you. Also, with regards to the creditor who is demanding me to settle the debt that was included in the bankruptcy, what do I do with them? They say they will bring me to court if I don't settle the debt.

 

Hi Angel,

 

As long as this debt was before you petitioned for your Bankruptcy, regardless of weather you included it on your 6.28 (statement of affairs, debtors petition) as your Bankruptcy would have been posted in the London Gazette in-case of any debts missed off.

 

Send who-ever is chasing you a copy (copy only) of your Bankruptcy certificate and include the name and address of the Insolvency Receiver who dealt with your affairs.

 

Do not worry about the threats of Court this, CCJ that, all just threats to scare you into contacting them to arrange a payment and fleece money from you, if they ring you, just say "in writing only" and hang up, refuse to go through their security questions.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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