We entered an iva in june 2010, 2 years after my husband had an accident at work, in july 2011 my husband received compensation for his accident which left him partly disabled, I told the iva when we recived the money and they kept telling me different stories and amounts that we had to pay into the iva we were never sent anything in writing which I asked for at the time, we r now going into year 5 of our iva and on this annual review they said we had to pay all of the loss earnings straight to them now and have sent us a notice of breach they have not mentioned any of this in either of the last two annual reviews, my question is can they take loss of earnings for life as a windfall as theybhave stated because we no longer have the money.
Hi. Some IP's will want the whole compensation. Most will want loss of earnings compensation.
Many allow you to retain compensation for pain and suffering, or that allocated for things like ongoing treatment.
I would ask for a definitive answer direct from your IP, based upon the fact that you have been told different things over the years and they have never responded to your earlier requests for confirmation in writing.
As they were informed of the compensation payment at the time, as well as being asked for definitive advice, they bear some of the fault for the current situation and will, hopefully, work with you to rectify the breach. Maybe by an extension to recover the losses, or even asking creditors to forgive the breach, depending upon the amounts involved.
Who are you with ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
If the loss of earnings compensation meant you could continue to live and maintain the IVA payments I think your IP could be wrong. You need to sit down with them and have a complete file review as this is too important to be dealt with by a caseworker over the phone.
