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Posted: Mon Apr 25, 2011 9:54 am
by thomowolf1971
Hi,
I have posted this before, but i think i put it in the wrong section!!. I'm looking for advice on my personal injury claim. I was injured at work 18 months ago. I could have easily been killed but wont bore you with the details and to cut a long story short, i am due £4000 for pain and suffering. I only started my IVA in february this year and wondered if i had to declare it to my Case officer?. Our house is in dire need of re decorating and several major appliances need replacing. Our 3 year old daughter also needs to move into her own bedroom. I have heard that you have to pay any windfall into your IVA, but is this classed as a windfall?. I cant seem to find anything in my IVA proposal to clarify the situation. I am with payplan, who my creditors recommended to me.

Thanks to the guys who replied before!!.

Any help and advice would be very much appreciated.

Thanks in advance.

Posted: Mon Apr 25, 2011 11:23 am
by Shining
http://iva.co.uk/forum/topic.asp?TOPIC_ID=36794

There you go, a link to your original post, hope the replies on there are of assistance to you. x

Posted: Mon Apr 25, 2011 11:25 am
by thomowolf1971
Thanks Lesley you are a star!! x

Posted: Mon Apr 25, 2011 12:04 pm
by Broke of London
I can't remember whether it's pain and suffering or loss of earnings that is classed as a windfall - sorry. Hopefully your IP can clarify tomorrow xx

Posted: Mon Apr 25, 2011 12:54 pm
by thomowolf1971
Thanks Broke from London, I've e mailed my IP, Hopefully she will be in touch tomorrow. Fingers crossed i get to keep some of it!!. If anyone else can have a little input i would be grateful.

Posted: Wed Apr 27, 2011 3:07 pm
by thomowolf1971
Hi,
Just a quick update if anyone is interested.
I've spoke to my case officer today and she is unsure wether it is classed as a windfall or not. She needs to speak to one of the company's Insolvency Practitioners. Hopefully my case officer will get back to me tomorrow.

Posted: Wed Apr 27, 2011 3:17 pm
by kallis3
Hope you hear something tomorrow - let us know.

Posted: Fri Apr 29, 2011 12:24 pm
by thomowolf1971
Haven't heard nothing yet. Wont be till tuesday now!!...Its really difficult waiting for an answer!!..

Posted: Fri Apr 29, 2011 12:27 pm
by kallis3
Bit of a bummer, but hopefully Tuesday will bring you some news?

Posted: Fri Apr 29, 2011 1:59 pm
by Michael Peoples
Pain and suffering are usually exempt but loss of wages is a windfall. You should be fine but get a copy of the compensation award notice for your IP's files.

Posted: Fri Apr 29, 2011 10:12 pm
by thomowolf1971
Hi Michael, Thanks for the advice. I shall get in touch with my Solicitor asap about a compensation award notice.

Posted: Sat Apr 30, 2011 11:55 am
by Broke of London
That sounds positive from Michael! Let us know how you get on x

Posted: Sat Apr 30, 2011 12:10 pm
by kallis3
Fingers crossed for Tuesday!

Posted: Sat Apr 30, 2011 1:05 pm
by thomowolf1971
Yeah thanks guys!!...Sounds positive. Just a quick question...Do all IP's follow the same rules?, Or is it ultimately down their discretion?.

Posted: Sat Apr 30, 2011 1:44 pm
by kallis3
Not sure whether it's down to the IP or the creditors.