beneficial interest

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MelanieGiles

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Post by MelanieGiles » Sun Mar 29, 2009 10:54 pm
What part of the country do you live in? I may be able to suggest a solicitor to help you, and I will also have a chat with some people I know in the OR's office who may be also able to help.

I am attaching a link from the OR's own website which you may find useful, and confirms some of the concerns I have about the lump sum being recieved in the future. Have a read through this and see if this relates to your situation and your future intentions.

http://www.insolvency.gov.uk/freedomofi ... part_5.htm
Regards, Melanie Giles, Insolvency Practitioner
 
 

jripley

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Post by jripley » Mon Mar 30, 2009 7:54 am
Blackpool. Thanks I will have a look at this website today.
ripski
 
 

jripley

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Post by jripley » Mon Mar 30, 2009 7:57 am
It does appear to refer to pension lumop sum. All the way throuigh it says MAY so I wonder where the discretionary element is or are they just looking at really big money ?
ripski
 
 

David Mond

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Post by David Mond » Tue Mar 31, 2009 2:20 am
AS stated you need expert help and advice based on your particular circumstances and the rules and position regarding your pension. In Bankruptcy the OR can claim through an IPA/IPO part of the pension and possibly part of the lump sum - so advice is fundamental before you decide what route to take.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
 
 

jripley

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Post by jripley » Tue Mar 31, 2009 6:22 am
David I don't think I have any option but to risk it.It seems that the only other way would be to continue the DMP and use some of my lump sum anywaY for a F&F next yr. Plodding along with a DMP would contiue well into retiremenet and poss beyond!! I then have really no life with the burden of debt and with the seriuos risk of substantial negative equity chasing me forever.
IVA = similar but more time ltd -5-6 yrs and debt will increase due to poss neg equity.
So, I think this is my only option.
Spoke to the Bankruptcy clerk at my local court yesterday and they are just this ,very helpful building up their knowledge as they do the job. "In his experience OR is only interested in certain pensions and in 99.9% of case the OR dept will not pursue or investigate as they do not have the time for this. Most pensions are on balance not worth it" He couldn't be more specific than this and could only suggest ringing the OR office. I think that I have read that if the OR decides to go to court for variation of payment ( which poss includes pension lump sum ) then you can appeal to the Court. I will let everyone know if I shed any light
New info at -the end of April the rules are changing re local papers and in future only the london Gazette will publish and the OR will have discretion as to whether ,in public/creditors interest it needs to go locally as well
ripski
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