HELP Please can someone advise us

[caroline.g]

Please can someone advise us. We we need an super duper insolvency practitioner to fight our case as i think it will go to the Judge. In our opinion our OR has failed in many areas of preparing the IPA (she omitted certain entitlements we are legally allowed to claim) she put the phone down on us refusing to discuss case, does not answer our e mail questions about legal issues, - now she is passing onto an IP who the creditors can choose. We have moved abroad and she is not taken our circumstances of living in Europe into account - now we are worried that the IP will be biased to the creditors. We have many serious complaints about her professional practice as we feel she has not been objective when assessing all the facts The income for the house sale done the day before bankruptcy went to pay school fees here - we want our children to go to an Englsih speaking school not Italian as husbands wotrk contract is temporary -I e mailed the head Dept at Insolvncy policy and they said as my husbands job is temporary then that could be taken into account but she is refusing to do so - she is demanding the money back - school starts next week. HELP

[Skippy]

Is it the actual OR or an examiner that you are dealing with?

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/

[MelanieGiles]

Hi caroline and welcome to the forum

Are you saying that a private sector insolvency practitioner has already been appointed?

If you have a complaint against a member of the OR's staff, you should firstly write to the Official Reciever personally, and if the matter needs to cascade upwards then there is an appropriate internal chain of command.

Alternatively you could apply to Court for directions on the issue of the calculation of the IPA if you feel that it is unfair.

Strange that you would sell your house one day before the bankruptcy order and use the money to pay school fees. I assume that your application was a debtor's petition rather than instigated by a creditor. I can understand their concern to be frank, and I suspect that the OR is now in the process of asking the school to return the money. I don't feel that you have a good case here, as you knew that you were insolvent when this asset was sold.

Probably not want you want to hear, but honest!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[iva.com]

Hello Caroline,

If you are looking for an IP then you might find our site useful. We maintain a list of IVA firms and Insolvency Practitioners. We also publish reviews that have been posted by their clients.

Kind regards,
Terry Balfour
IVA.com

IVA.com - Comparing IVA firms by using consumer feedback.

Please rate your IVA firm or Insolvency Practitioner by reviewing them here: http://www.iva.com/submit_iva_review.asp

[caroline.g]

sorry maybe not making myself clear here, we had paid the school fee deposit about 2 months before we decided to go bankrupt

[catullus]

http://www.insolvency.gov.uk/guidancele ... laints.htm

The link above explains your rights against the OR and how to make a complaint.

I cannot help asking, do you think that this is entirely the fault of the OR and that this person has chosen to be purely vindictive, or can you trace their current attitude back to something you've said or done.

The reason that I ask is that the feedback on this board is that generally the OR's office is sympathetic and professional.

[MelanieGiles]

And how much money did your house sell for, and how much were the school fees which you paid?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[caroline.g]

well she refuses to answer our queries and when we asked her the legal aspect of Englsih schooling when you are abroad and whether it is taken into consideration for an IPA she said I am not prepared to discuss with you the legal issues and put the phone down!!

[MelanieGiles]

That is hardly helpful in resolving any form of dipute or query. There was a test case a few years ago regardin a bankrupt and private education, which ruled in favour of the education costs being allowable as part of necessary expenditure. If you can give us some idea of the money you have already spent, the equity which you did have available from the house sale, the ongoing costs of schooling and the amount you have been assessed to pay, we can perhaps help a little more.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[caroline.g]

thanks I will give you an e mail and e mail you the letters we have sent in complaint and also when and how much money we paid to the school

[caroline.g]

thanks I will give you an e mail and e mail you the letters we have sent in complaint and also when and how much money we paid to the school