Is it correct that money available but actually left in the pension pot is not a windfall ?

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

Andrew.07

User avatar
Posts: 1
Joined: Sat Nov 15, 2014 9:07 am

Post by Andrew.07 » Sat Nov 15, 2014 9:07 am
It's only 'windfall' if you actually withdraw a sum from pension during iva, so if left in pension pot, even if its actually 'available' to withdraw, it isn't included in iva, is that correct?
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sat Nov 15, 2014 9:59 am
In theory ---- however, the same could be applied to PPI refunds, in that they are only available if you claim them. With the new pension rules it will be a matter of time before creditors start looking in that direction, unless safeguards are put in place.

Many arrangements ( as mine did) have pension pots and proceeds specifically excluded, so always worth discussing at the outset and checking if already in the IVA.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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

Post by Michael Peoples » Sat Nov 15, 2014 3:27 pm
Even in bankruptcy it is difficult to attack a pension 'pot' and in IVAs they are normally ignored.
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
 
 

plasticdaft

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

Post by plasticdaft » Sun Nov 16, 2014 9:19 am
Given the purpose of your pension it would be harsh to expect this money to be given up.

Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
4 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”