Hi there (again)

We went dual bankrupt for same debt. I have been discharged, husband has not. The OR disagrees with our outgoings and says that they exceed their allowances but they are real and take up our income. Does anyone have experience of being taken to court by the OR for a 3 yr payment agreement. They want £272 a month from us for 3 years but this amount is used up with grocery shopping and fuel to get to work which they say is outside of their allowances. Has anyone found the allowances that the OR uses because I can't find them. Not for a month or so - any help much appreciated

Hi,

There are guidelines for living expenses, however it can be different for everyone.

Also, petrol and insurance expenses have drastically changed over the past few years. Meaning they have gone up, as we all know.

Do you have documentation for the expenses the OR is taking exception to? If so, then what it costs you is what it costs you; and you can prove it.

Regards,

Jon

Thanks Jon - yes we can prove it and that is what we intend to do. It actually costs £52 per week to get to work but they won't allow that.

Wondered if you had any advice regarding me being discharged (although not notified, found out through IR) and husband not although debt is the same?

I am planning to show how we have had not been able to continue the fabric of our lives also, i.e. sheets, towels etc all need replacing but have been given no allowance for this.

Cars are another point as we have two old cars that cost a lot to keep on the road but again the allowances do not give this as an option. Husbands car uses nealry as much oil as petrol (all documented) as is has done 145,000 miles and is 12 years old.

Thank you for your help, I am hoping we can put a good case together to prove that we have done what is necessary.

Do you have any idea what the format of the court case will be? How much time? What sort of questions? Whether we will both be able to go in?

Many thanks - I feel we are nearly there

Hi,

Some of what you are asking is really a legal matter; putting together a case, etc... I/we do not provide legal advice.

I cannot say or second guess what the Receiver may allow or not allow based on your situation; it can be different for everyone and I do not have the full details of everything/your situation.

Maybe there is public transport in your area, or maybe there are cheaper ways to travel. I really cannot say.

Just do the best you can and if you feel you have been treated or your case handled unfairly, there is a complaint procedure through the government's insolvency services web site.

Let me know how you get on.

Regards,

Jon

Thank you Jon - will let you know. We will do our best but it is really good to know that there is another avenue if this one closes.

Really appreciate your help - it has been invaluable

Thanks Jon, we went to court yesterday and it was judged that we could not afford the payment. The Judge ruled that what the OR wanted from us (£272 per month) would put our family in a difficult position that he would not agree to. I do know the process now though so if anyone else is in the same position I can tell them what to expect and the mistakes we made. The OR forms were incorrect on two main points as well which helped our case. The OR had a big blue book with him and three post it notes hanging out in various places that were the points of law that he expected to win on. The judge clearly knew what he was looking for as he had a similar book and needed pointing to the right page by the OR. The Judge asked the OR if he would appeal if he made judgement against them and the OR said no so the judgement was made. It took about an hour from start to finish and we were asked for supporting information to the points we made so the preparation and the large file we took with us was worth putting together. I do think it depends on the judge though as when we got there the OR was expecting a particular judge and was disappointed that it was not the one he wanted and seemed quite wobbled by the one we were assigned to. All in all it was worth it but it did take some putting together and getting right. Thank you again so much for your advice throughout this process. Phew, we can finally say it is over