Hello all for those that may remember me.

Get expert opinion. This is the place for new questions to be posted.
7 posts Page 1 of 1
 
 

gonefishing06

User avatar
Posts: 2
Joined: Mon Apr 20, 2009 10:57 pm

Post by gonefishing06 » Thu Mar 25, 2010 7:20 am
Hello all for those that may remember me.

If not then not to worry but my question is;

I am currently serving in the Army due to leave Sep this year after 22 years and been in an IVA for the past 3 years.

About 7 months ago I was involved in an accident at the time I were on duty and as a result I have been awarded some compensation for the injury, treatment and basically a settlement figure for any further injury/restrictions that it may cause.

I have not spoke with my supervisor yet but understand I will have to declare this, however will this be classed as a windfall and expected to pay 50% of my Compensation sum recieved?

I look forward to any responses/answers that you may bale to assist with.
 
 

Shining

User avatar
Posts: 27019
Joined: Thu Sep 20, 2007 8:57 am
Location:

Post by Shining » Thu Mar 25, 2010 7:37 am
Hi, I'm not sure of the answer but know that Melanie or another professional will be along shortly.

Hope you're ok ? x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

plasticdaft

User avatar
Forum Expert
Posts: 9562
Joined: Wed May 21, 2008 12:45 pm
Location: United Kingdom

Post by plasticdaft » Thu Mar 25, 2010 8:04 am
Definately one for your IP but there are elements of compensation that may be kept,and other parts which can be classed as a windfall. If there is a windfall normally its taken entriely,not split 50/50 like overtime(check your paperwork to see).

Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Thu Mar 25, 2010 9:45 am
As Paul says windfalls are taken in their entirety and not split 50/50. However, compensation is not necessarily a windfall and your IP will need to see details of the settlement.

Given that you are to leave the army in September you should urgently speak to your IP. You will receive an additional payout at this time which may well constitute a windfall unless expressly excluded from the proposal. Your future earning ability has obviously been affected as a result of the accident and you will need funds for resettlement and living expenses so the quicker this gets resolved the better.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Thu Mar 25, 2010 10:45 am
The answer will lie in the terms of your individual voluntary arrangement. My firm's standard IVA proposals expressly exclude personal injury claims and resettlement monies when leaving HMF from being deemed to be windfalls, but your may not.
Regards, Melanie Giles, Insolvency Practitioner
 
 

willwilliams

User avatar
Posts: 7
Joined: Sat Feb 21, 2009 11:44 pm
Location:

Post by willwilliams » Thu Mar 25, 2010 12:20 pm
i have spoken with my ip they will not take the money off me but have suggested that i may make a full and final payment to the creditors to settle the iva if they are willing to accept
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Thu Mar 25, 2010 1:14 pm
That seems like a sensible idea and would give you the chance to move on with your life after you leave the army. Hope it all goes well.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
7 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”