Hi i am in a trust deed in Scotland. My car is a right off after being hit by an articulated lorry.

[djcoupsey]

Hi i am in a trust deed in Scotland.I am wondering if the money i get from my car which was a right off will have to go into the trust deed?I was hit by an articulated lorry last week. I know.....get the violins out!lol.Anyway,I really need a car to get to work so would my IP not allow me to use this to put a deposit on a car?Also do i need to inform my IP that i will be claiming from the 3rd party insurance for personal injuries.I am a teacher so did not lose out on any pay but am i not entitled to compensation for pain and suffering?I am assuming that i will need a physio as i have muscle injuries.Any advice would be appreciated

[GilliB]

Hi LA. Welcome to the forum. Ok - forget the violin (but hope you aren't to badly injured)! My car was written off in 2010 and I was injured. I was allowed to replace my car, and was able to do so with the payout without incurring any further costs. You mention a deposit, so are you saying that you would need to replace your car on credit? If so, it may be difficult to get and how much would any extra monthly payment affect the amount you pay into your agreement? You would need to inform your IP of any compensation for personal injury. With mine, I was allowed to use some of my payout to replace essential (old) white kitchen goods and for part of my daughter's school trip to Gambia. I then paid the rest into my IVA. That said, please be mindful about settling any compensation claim too early. I did (within 5 months) because of my daughter's trip, as I didn't want her to miss out, but over 2 years later, I'm still affected by the injuries from the accident, but there is no further recourse for me. I wish you well. x

[Kelly O]

Hi LA and welcome to the forum

I have had a chat with our Scottish IP Sue Clay and she thinks it is reasonable that the insurance payout replaces the car as it is required for work.

Insurance payout is slightly more tricky. Criminal compensation does not vest in a Trustee nor claims for pain and suffering (solatium).

However you may find that other compensation may need to paid into your trust deed but it would depend on the specific circumstances.

I hope this helps

[djcoupsey]

Thanks for your reply.

I am thinking of paying off the trust deed early.My mother has offered to pay it.I owe 15 months at £200 a month.will it be likely that my trust deed advisor will accept this?Im just thinking it would probably be best to do this so i can keep any claim i get for myself and pay my mother back.
How much would i have to offer to be discharged?
I havent send the claims form back yet to the lawyers. They are saying that my trust deed will not get the personal injury claim. I told them they would so i want to leave it just now.Do i have to get my claim in in a certain period of time?Also does it need to be with this lawyer that my insurance passed me too?Can i just tell them im not interested and they go ahead with the claim through my trust deed?Can they do this without my consent?
Very worried now.

[djcoupsey]

Thanks for your post Gilli B its terrible that you are still suffering from your injuries!You probably would have got more since you are still feeling the pain but understand things come up when you least expect.I hope you make a full recovery one of these days.Would hate to think it would last all your life.I am going to get a physio because it is getting worse.Being at work doesnt help either

[GilliB]

Thanks for your thoughtful post djcoupsey - it's not life-shortening or anything just more limiting for my mobility, and a probable operation looms in the future. The issue of personal injury compensation isn't as clear cut me thinks. I say that because I've read of previous posters on here stating theirs was not paid it, as compensation for pain and suffering was not captured in the windfall clause. I suppose it depends on what your IP deems as a windfall and what is pain and suffering. I can't say about timescales for lodging a claim, but I don't think anyone can represent you without your permission. Mine was sorted via my car insurance company - that's what I pay for!! Re: early settlement, I believe if it's close to the original dividend, it should be favorable = anything close to £3K (15 x £200) The 'rule of thumb' seems to be if funds are from a third party, advise your company that they are only available for a full and final settlement of your agreement. I'd definitely encourage you to explore all these issues with an expert (you could post directly to ones on here using the link above) in order to ease your worries. Good luck! x

[djcoupsey]

Again Gillib thanks so much for your advice.I have been worried sick about this as i dont see it fair that any compensation i get goes to the creditors and the actual trust deed doesnt get reduced??ie the term.The trust deed i got into was the only option after my ex left me up the creek basically with loads of debts because he was too lazy to get a job.I have worked hard all my life and feel i have been done over by banks and companies over charges over the years.If i knew that i could pay the compensation to my TD and get the term reduced then id do that but thats not an option.Still not clear on whether they can take my compensation off of me if its just for pain and suffering as the trust deed forum is saying they can but the IVA forum is saying they can only take the loss of earnings compensation as a windfall.very confused.com. LOL. I will see if my IP will accept £2500 for a lump sum as i have heard that you get a reduction on what you owe as the IP wouldnt be doing as much admin work in future.wish you luck with your recoveries.There are too many morons on the roads at the moment and get away far too easy with being careless drivers.Dont understand how these idiots ever past their driving tests..LOL x

[GilliB]

Hi again djcoupsey. ditto re: your last sentence - been totaled 4 times, so I suppose I should be thankful I'm as old as I am! As we always owe 100% of the original debt, whatever you pay in addition to your regular payments just goes towards giving the creditor a greater return. £2.5K sounds like a good offer. Are you able to speak to your IP directly? If so, why not discuss your concerns/queries with her/him ASAP, to allay your worries, as it seems you are reading conflicting information on the 2 forums. I'm with a very large company with no direct access to my IP, but I must say my (numerous different) Case Officers listened and took on board what I had to say. I'll give them their dues, they have always agreed to requests I've made. One even wrote a follow up letter which I received the day after a very distressing call with him. He was obviously very concerned, and wrote expressing this, and outlined very helpful solutions I could explore. He even stated a day and time he would call back to discuss it further. That's what I regard as a personal service, and I got through it without compromising my payments. Hope my 'whitterings' are of use - just trying to 'humanise' IP's/CO's to encourage you to approach yours soon! Best wishes. x