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.
Bob Marley. http://kallis3.blogs.iva.co.uk
Just had a phone call off my solictor who won my case for personal injury. Roughly around £200 was for loss of earnings, medical supplies and travel costs, the other £3800 was for pain and suffering for the 3 months i was not well. He's drafted me up a letter and e mailed it to me. Hopefully this will be enough for my IP to make a decision.
Hope so! Everything crossed here that it goes in your favour!
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.
Bob Marley. http://kallis3.blogs.iva.co.uk
It's all gone pear shaped. Can't believe the stress its causing. My solicitor just phoned again. Apparently because i didn't inform him i was in an IVA my case may be void and i might have to give the money back. The case would go ahead again, but under different circumstances because i am in an IVA. I have been told i should have had a trustee set up for me to decide what happens to the money. But wouldn't this just be my IP?. I didn't think it was relevant because the case proceedings started 15 months before my IVA. So so depressed now. It could take another 18 months to resolve.
It should have noting to do with it! Even if the money is paid across to your IVA you are still entitled to the claim!
Speak to your IP to see if they can assist at all.
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.
Bob Marley. http://kallis3.blogs.iva.co.uk
My Solicitor has taken all the details for my IVA, Phone numbers and contact details of my case officer and IP. He assures me that i might not have to hand the money back, it all depends on the third party in the claim. They may decide to start from scratch, but its unlikely because with all the evidence it will only come to the same conclusion. Hence i will win my claim again,therefore it will be a waste of everyone's time. My solicitor hopes to have it all resolved within 28 days. Not as bad as first thought. It would be interesting to hear what any of the experts on the Forum might think?. Why is the case handled different because i am in an IVA?. It all sounds ridiculous to me.
Surely if proceedings started prior to you entering an IVA then at that point you didn't know you were going to enter the IVA so continued with the claim. Others have claimed and had to pay it into the IVA admittedly or a proportion of this, I sincerely hope your IP can bring this to conclusion and in your favour too as it is appearing to be causing so much bother and as you say it's soudning ridiculous too. x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
I hope so Lesley, maybe they can shed some light on the matter. But it's the first time i've heard that an IVA has to be taken into consideration when you make a personal injury claim. I just don't see the relevance in it.
This is new to me too and seems very strange. It may just be a case of who the cheque is made out to but I wonder if it's that old fraud risk chestnut the insurance companies trot out. It seems silly to go through it all again! Let us know how you get on and congrats on the win. x
This is new to me too and seems very strange. It may just be a case of who the cheque is made out to but I wonder if it's that old fraud risk chestnut the insurance companies trot out. It seems silly to go through it all again! Let us know how you get on and congrats on the win. x
I can understand why it would be relevant if the IVA was in place prior to the claim. The IP would need notified and if there was legal aid backing the claim they would need to know. Legal Aid will not back a claim if the beneficiary is a third party so they would not pay for a case where the creditors got the settlement and not the claimant.
The insurance company will try anything to avoid paying so any non disclosure would invalidate the claim but in this case that is not an issue. The claim should proceed as normal and your IP should be able to help so between them and the solicitor the matter should be resolved.
Many solicitors will run a bankruptcy/IVA search before paying out on claims and inheritances which is helpful but provided your IP and solicitor are informed of everything there is nothing to be concerned about.
The claim was backed by my Trade Union, My union fee's are supposed to cover any court costs incurred. But only if they think i have a case and they are sure that i will win. Would this be where the problem lies?. I might speak to my Trade Union representative tonight to see if he can shed any light on the matter. Thanks again for your input, it is very much appreciated.
Thanks to everyone who replied to my posts. The compensation claim for my pain and suffering has been concluded. I have just recieved a phone call from my case officer, who in turn has spoken to my Insolvency Practitioner. I can keep the money i have recieved for pain and suffering. So i have asked for the decision to be put in writing via either post or Email. I am really happy with the outcome, and so is my partner and little girl, who can now have her disney princess bedroom!!. Lol. Anyway, just thought i would keep you posted on the good news.
