Can I keep injury claim for pain and suffering?

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Maris

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Post by Maris » Thu Nov 03, 2016 2:47 pm
I got in to the IVA around two weeks ago.
I was waiting for my injury claim payment to come true already for two months before I even started my iva.
I got my cheque today. Can I keep the money and don't tell anything to IVA or I can tell them and keep the money anyway.
It's payout for pain and suffering.
My IVA is with creditfix for 8.5k .
 
 

Foggy

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Post by Foggy » Thu Nov 03, 2016 2:59 pm
Hi. You need to tell your IP. Some will take it but most will allow you to keep compensation for pain and suffering.
If you do not disclose it and it is discovered at a later date the IVA could be failed for non-disclosure.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Maris

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Post by Maris » Thu Nov 03, 2016 3:18 pm
I was calling creditfix, the lad on the other end doesn't know really what to answer., and I don't have any other phone numbers or any supervisors phone nr.
The payout is only £1200 I wouldn't mind to put 50% towards the IVA , but I don't want to give away all of it, cos I was waiting for it for long two month's and I had plans towards that money ready. If I offered them to put 50% towards IVA would they look on my case any different than I would like to keep all of it? Thanks in advance
 
 

size5

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Post by size5 » Thu Nov 03, 2016 4:44 pm
Generally, if it is for loss of income then that goes into the pot, but for pain and suffering is exempt.

You should be ok, but best to hear it from the horses mouth.

Regards.
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Maris

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Post by Maris » Thu Nov 03, 2016 4:48 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by size5

Generally, if it is for loss of income then that goes into the pot, but for pain and suffering is exempt.

You should be ok, but best to hear it from the horses mouth.

Regards.
It's only for pain and suffering, didn't had any loss of wayge.
What I need to send to the IVA company towards the claim I had., what paperwork? Thank you
 
 

kallis3

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Post by kallis3 » Thu Nov 03, 2016 4:55 pm
I think you need to speak to the company to see what they require as it may vary from company to company.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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Maris

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Post by Maris » Fri Nov 04, 2016 12:15 pm
Just finished speaking with creditfix. Turns out theres two answers for my question, before I'm telling I have a cheque coming out for my pain and suffering they are telling me ,every case is different and you should be able to keep some of the money , but she. I called today and told about the money I got, they turn around and told me all of it comes under the IVA.
Told them that I had that Claim from 2014 and it was settled two months before I start iva agreement it's not that I didn't expect the money and didn't had any plans for it.
Offered them 50% and sent all the paperwork claiming that it's money for pain and suffering , now I must wait for two weeks till I got any answer
 
 

Michael Peoples

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Post by Michael Peoples » Fri Nov 04, 2016 4:07 pm
Ask to speak with the IP and request that your IP puts everything in writing. You can then seek legal advice based on what the IP states. No point in dealing with a caseworker. Many IP firms exempt pain and suffering but if yours will not you need to know in writing why not.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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