Well i have just been informed that the full personal injury payment i am due to receive will have to be paid over to my IVA. Very disappointed with this as i was hoping to be able to keep a small portion of it.The whole amount of the award was for pain and suffering but as this is written in my proposal there's nothing i can do.[:(]
Hi. This is not how it is usually treated and is normally dealt with in the same way as compensation in Bankruptcy, in that compensation for pain and suffering is allowed to be retained. However, this is at the discretion of the IP.
Who told you this? Was it your IP or a case worker ? I would, at the very least, ask to speak directly to the IP to discuss this.
Last edited by Foggy on Tue Aug 05, 2014 6:46 pm, edited 1 time in total.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Hi Foggy, the case worker spoke to my IP as i did query this and has come back that the full payment gets paid into the iva. The full amount was for pain and suffering, i sent the documentation to them which states that but have been told it still has to be paid.
This claim is recent and when i looked at my proposal it states personal injury payment under the windfall so i did wonder if i would have to pay it over. The fact that it is for pain and suffering it what i did question though, i was hoping to be allowed to keep a small amount as i thought some IPs allow you to keep the first £500, but it does not look that way.
I recently had a personal injury claim which I was allowed to keep, I did not have any loss of earnings which I believe was in my favour. Could this be an issue in your case Pollyann?
I know I am a good person, I just need to start believing it
Hi Robbieboy no i did not have any loss of earnings the whole amount bar a few pounds was for pain and suffering as stated in the paperwork i sent off. I have read a few different posts regarding personal injury and i did believe you could keep that part of the compensation but i guess things change and this is actually in my iva under windfall.
