My wife was considering putting in an injury claim for a non-fault accident, she was in a head on collision when someone pulled out in front of her and she injured her back, and has been having therapy weekly since the accident.
I spoke to my IP representative this week about a different matter and asked what their policy was with injury and suffering payments and was told that we wouldn't be able to keep any of it .... unless it was to pay towards the therapy (which was free).
Although I appreciate the fact that this is our debt to pay off, I disagree with not being entitled to injury payments, they are after all for pain and suffering.
I am with Stepchange (formally CCCS).
The hardest part is telling a stranger about your problems ...... it's also the most important!
In BR the OR generally allows compensation for pain and suffering to be retained. Until recently most IP's followed this guidance, but now seem to be hardening to glean as much blood as possible.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
It is difficult to understand CCCS stance on this, as an IVA is really a controlled bankruptcy, the reason the compensation for pain and suffering cannot be taken by the trustee in bankruptcy although in years past it was tried, and lost, is because the pain and suffering element of the claim is compensation to the person who has suffered the injury, which does not form part of their estate, whereas compensation for loss of earnings, damage to property, is taken because its damage or losses to the bankrupts property, and it is the bankrupts property minus tools, books, etc which is sold for the benefit of the creditors, I dont understand as to why that should be different in an IVA or why creditors feel it should be treated differently, if they do.
Check the terms of your IVA proposal. If it is in accordance with the IVA Protocol, your IP has discretion to take the windfall and given that you are with the well-known charitable institution known as StepChange - I feel sure that they will want to see common sense prevail with regard to your wife's compensation.
You have up to six years to make a compensation claim - and whilst I would never be an advocate of deliberately keeping money out of the reach of creditors, I personally do not agree that compensation for pain and suffering is captured under the terms of an IVA - unless specifically provided for.
Why not ask to speak to your IP directly. Jackie Westerman is a very reputable lady, and it may be that her staff member has simply got the wrong end of the stick. Post the outcome of this on the forum, as I am always interested to hear differing views adopted by fellow professionals.
My personal experience, so subjective, is that my wife had very similar accident 18mths ago and received compensation to the tune of £2.5K. After medical/solicitors fees were taken out there was £1050 left that was declared to our IP. GT said to send copy of the letter stating all facts ie that the money was for personal injury compensation due to accident, and they called me back to say that the required proof was there and the money did not have to be taken as windfall and we were able to keep the £1050.
Melanie - I will post something at a later date when the claim has gone through, I don't know how long this will take. I will make sure I speak direct to Jackie directly, although the Stepchange set up makes this difficult.
Kravarran
The hardest part is telling a stranger about your problems ...... it's also the most important!
Jackie will not want to hear that kravarran. I know her very well and she takes an absolute interest in all concerns her clients may have. Why not try sending her a direct e-mail to ensure that she is aware in advance of the issues you want to discuss with her.
