PIAs and reasonable living expenses

Brendan Burgess

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Example 5 – Conor – PIA


This example is designed to show how these guidelines are applied in the case of a debtor who is living beyond his or her means.

Conor is employed as an accountant and takes home €4,000 a month.
He is single and lives in an apartment which he bought in 2006 for €280,000 but which is now valued at about €160,000.
The outstanding mortgage balance is now €258,000 and the monthly payment is €1,200.
He also has a mortgage with an outstanding balance of €210,000 on a buy-to-let property which is unoccupied.
Conor has a personal loan from a bank with an outstanding balance of €39,000 and outstanding balances totalling €22,000 on three credit cards.
He owns outright a car worth €25,000.
His discretionary spending leaves him little money to pay his debts. He is hoping that a PIA or DSA can solve his financial problems.



Using Table 2 (One adult household, vehicle), the total set costs for the household are €1,029.83 a month.
To this is added the €1,200 which Conor pays in mortgage payments which the PIP has assessed as reasonable having regard to the criteria on pages 11-12.
Conor’s reasonable living expenses come to €2,229.83.


The PIP will make the following calculation:


Monthly income after income tax and social insurance contributions
|| €4,000.00 T o tal set costs | €1,029.83 Mortgage – reduced payment under the proposal | €1,200.00 C h ildcare | None Special circumstances| None Reasonable living expenses | €2,229.83 | €2,229.83 N e t disposable income | €1,770.17
For Conor’s application, this means income of €4,000.00 less reasonable living expenses of

€2,229.83, giving a net disposable income of €1,770.17 a month.

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[/FONT] Conor is living beyond his means. The PIP will likely advise Conor that he will need to consider reducing his spending so as to enable the PIP to put forward a proposal more likely to achieve creditor support while keeping Conor in his home. The PIP, in formulating a proposal to Conor’s creditors, will consider Conor’s need for a car and may suggest that he should sell his car and either not replace it at all or replace it with a less expensive model.
 
I don't really understand this example.

He has a mortgage of say €280,000. The interest on this at 4.5% would be €1,050 per month, so the mortgage is sustainable.

He has €1700 a month or €20,000 a year to pay towards his unsecured debts of €61,000. So they will be paid off over 3 years.

Why is the buy to let unoccupied? If it's sold for €100,000, he will have unsecured debts or around €160,000 which he could pay off from his disposable income.

It would seem better that he lets the apartment.

Not sure why he would go for a PIA.
 
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