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UK-Justice, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I was declared bankrupt in feb 2010 and the case was taken

Customer Question

I was declared bankrupt in feb 2010 and the case was taken on by an IP who I have since found out had a number of complaints made against him due to his practices.
I signed a payment agreement of £60 per month as he said that if I didn't sign it, he would take me to court for £450 per month. He took me to court anyway, even though I signed the £60pm. I told him at the time I couldnt afford it but he said I had to pay it anyway. My daughter was paying it for me as I didn't have the money.
When the case went to court, by this time I was discharged, I put in front of the judge the income and expenditure sheet and told the judge my husband wasn't working due to just diagnosed with dementia. The IP wanted me to move out of the house saying the mortgage payments were too high (property being in negative equity) and also wanted me to pay £450 pm. The judge said that in light of my husbands newly diagnosed condition and I had just opened the house as a b&b to supplement the income to pay the mortgage, the IP should reassess the situation and come back to court in 4 weeks.
On the date of the next hearing, I went in to to see the judge and he told me that he had just recieved a fax from the IP saying he had withdrew the claim.
I hadn't paid anything on the IPA since as I wrote the the IP with a copy of the I&E sheet I submitted to the court, explaining that I couldn't afford to pay.
Yesterday, I recieved a letter from the IP saying that he wanted all my details of my employer and also wants me to sign a form for the inland revenue to give him all the info he requests. He also said that as I hadn't paid anything into the IPA (before I was discharged) I now owe him the backdated amount and the monthly payments.
Can you tell me if I do in fact owe the backdated amount of almost £1100 and also if I have to resume the payments.
I am worrying that he will take me to court and I will have to pay it. I am the only wage earner and run the b&b.
We are covering the mortgage but have no excess income. I don't know what information he entitled to now.
I have already complained about him once as I found him in the garden taking photos of the house even though the court assured me now one would come to my home.
Submitted: 4 years ago.
Category: UK Bankruptcy Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

What was the order that you had to pay?
Customer: replied 4 years ago.

I signed an individual payment agreement in January 2010 as I felt threatened and felt I had no choice but to do so.Then the IP took me to court in March 2010 (a month after my discharge) to try and have a court order to make me pay £450 p.m.

On the day the case was to be decided on, the IP withdrew the claim. The judge told me that it was over and I didn't have to worry about it any more.

There was no court order to make me pay anything, only the agreement that I feel I was blackmailed into signing in Jan 2010.

Expert:  UK-Justice replied 4 years ago.
In that case you do not owe any extra amount.

If you are just paying/paid what was originally ordered you wont need to pay anything else.

If the IP tries and take you to Court you could claim abuse of process as they had chosen to withdraw the £450pm matter.

So no -you do not owe any extra.

I hope this helps.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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