Windfall in an IVA?

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Nikdav2713

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Post by Nikdav2713 » Mon Mar 16, 2015 8:18 am
Hi, Im just about to start my IVA (first payment in April) and i was just looking for some advise. My Husband is currently going through a claim for a car accident, if he gets paid anything could i pay the money into my bank account, (everything gets paid into my account) or would this be classed as a Windfall, even though the IVA is just in my name but goes off both of our wages? Would i have to declare it to my IP?
N M Yates
 
 

lifenoteasy

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Post by lifenoteasy » Mon Mar 16, 2015 8:24 am
Hi

Would seriously suggest that your husband gets his own account - if any compensation is all his the IVA cannot touch it.

Additionally a seperate account would make sense for the admin of the IVA going forward.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Adam Davies

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Post by Adam Davies » Mon Mar 16, 2015 9:33 am
Hi

As he is not in an IVA and the claim is just his any payment received will not be captured under your IVA

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Andam Davies
 
 

Shining

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Post by Shining » Mon Mar 16, 2015 9:50 am
A Andy says if the IVA is wholly yours, his money is to do with what he chooses.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

ashb

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Post by ashb » Mon Mar 16, 2015 10:13 am
I am just finished and on Friday out of the blue got 7k - sent it straight to IP simples
 
 

Nikdav2713

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Post by Nikdav2713 » Mon Mar 16, 2015 10:28 am
So if the money gets put into my account, will i have to inform the IP or not as its my husbands?
N M Yates
 
 

Shining

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Post by Shining » Mon Mar 16, 2015 10:31 am
Does your IP require bank accounts? Is it a joint account or just your account? My humble opinion would be for it to be paid directly into your husbands account.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Foggy

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Post by Foggy » Mon Mar 16, 2015 10:51 am
Some firms take more interest in household finances, rather than just those of the debtor -- this often results in the solvent family members paying towards 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
 
 

Nikdav2713

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Post by Nikdav2713 » Mon Mar 16, 2015 10:57 am
The account is just in my name, not a joint account. The IVA is just in my name but has been worked out on the Household income. Think its best for him to pay it into a different account (if he gets anything)

Thanks for your advise
N M Yates
 
 

Shining

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Post by Shining » Mon Mar 16, 2015 11:00 am
Always best to err on the side of caution to stop any complications when in an IVA.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Steven1001

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Post by Steven1001 » Mon Mar 16, 2015 12:25 pm
I didn't think compensation for an accident was classed as a windfall as the payment is for pain and suffering???

Plus if its not yours then it shouldn't be anything to do with the IVA anyway.

You could ask the IP just to makesure, you could use the money to offer a full and final if your partner would let you use it!!! I know mine wouldn't!!![}:)] Dependant on the agreement of course too.
There's more to life than money....but it does help!!

64 payments made. Full and final with payments made to date accepted on 26/05/15 :-) completion certificate received 17/06/15 :)
 
 

Foggy

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Post by Foggy » Mon Mar 16, 2015 12:33 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Steven1001

I didn't think compensation for an accident was classed as a windfall as the payment is for pain and suffering???

Plus if its not yours then it shouldn't be anything to do with the IVA anyway.

You could ask the IP just to makesure, you could use the money to offer a full and final if your partner would let you use it!!! I know mine wouldn't!!![}:)] Dependant on the agreement of course too.
This is often the case, as it always is in bankruptcy, but not all IP's think like that and they are free to use discretion to treat it the same as in BR or to go for blood !
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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