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Posted: Thu Sep 11, 2008 2:38 pm
by Skippy
At the moment I am managing with my IPA payments, but things could change next year - obviously council tax will go up, and the fixed rate mortgage will finish.

This may mean that I have to ask the OR to reassess my IPA payments. At the moment I pay half the bills and £200 'rent' to Dave. If the mortgage goes up by too much I will obviously have to pay him more.

When I went BR beneficial interest was never mentioned, presumably because I only started paying my way in April last year as I hadn't been able to pay regularly due to my debts.

As BI was never mentioned, can the OR suddenly say in the last 18 months I have gaine BI as I have been paying towards the house?

If I suddenly have to start paying more towards the house will the OR have a problem with this?

It's not fair to expect Dave to pay any rises in full, but I don't want to cause any more problems for us!

Posted: Thu Sep 11, 2008 2:46 pm
by maizie
I'd like to know that too. Went bankrupt on the 15th August, yet to have my interview. Moved in with my boyfriend 4th July but pay half the mortgage. Would that be a problem?

Posted: Thu Sep 11, 2008 6:34 pm
by Skippy
I've been thinking about this even more, and I've thought about the BI side of things again - when we moved I would have truthfully been able to say that Dave could manage on his own without my contribution, although I obviously contributed as I lived with him. If everything carries on going up, followed by the mortgage next year, he wouldn't be able to (and I doubt if he could now) - will this make a difference? There's no way Dave could afford to by any BI the OR might say I have in the house and I obviously wouldn't want to lose our home because of me and my debts.

I haven't worried like this since I first faced up to my debts. At the moment I feel stuck as I'm worried that if I ask for my IPA to be reassessed it'll cause problems, and if I don't we'll struggle to manage.

Sorry to whinge!

Posted: Thu Sep 11, 2008 6:35 pm
by MelanieGiles
Very unlikely Skip - and if your disposable income changes there is provision for a recalculation. We can chat more about this on Saturday.

Posted: Thu Sep 11, 2008 6:37 pm
by Skippy
Thanks Melanie, I'll speak to you then.

Posted: Mon Sep 15, 2008 9:02 am
by maizie
Hi Skippy

What was the outcome of this? Im just worried that as I pay half the mortgage as of the 4th July somewhere down the line they would say I had a beneficial interest!

Posted: Mon Sep 15, 2008 9:08 am
by Skippy
I've emailed you Maizie x

Posted: Mon Sep 15, 2008 9:10 am
by MelanieGiles
Each case is individual Maizie and a lot of this boils down to the interpretation of your situation by the Official Receiver's staff. Simply paying a proportion of a mortgage does not necessarily give rise to a beneficial interest, as it could be classed as you paying rent.

Posted: Mon Sep 15, 2008 9:31 am
by Skippy
I actually put my payment down as rent on the SOA and this was never questioned.