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Posted: Wed Jul 13, 2011 2:59 pm
by Budgie
Hello, I just entered my IVA in June 2011 and I just received a belated personal injury claim for £2200. This claim was submitted two years before the IVA commenced.
This has been now disclosed today, my IP but they are unable to advise me if it is classed as a windfall ? Looked at several posts on this forum some give me a glimmer of hope ( personal injury is not classed as windfall) advised my IP who only could "say it's a grey area" ? (They will look at my case)? Any feed back on this would be great thanks) It would be great to have some of it as my bolier is about to die and some other main appliances need replacing.x
Posted: Wed Jul 13, 2011 3:50 pm
by liamjames
Hi Budgie and welcome!
I'm glad that your IP is investigating the matter properly, and good luck.
If you have unexpected expenditure to deal with then you should mention this to your IP, as your creditors may well be open to a variation. It makes absolutely no sense to require that the money is paid into the IVA, and then have the IVA fail due to missed monthly contributions and a broken boiler!
Our IPs have proposed similar variations before and as long as there is a genuine need for the funds they are usually accepted.
Posted: Wed Jul 13, 2011 11:43 pm
by MelanieGiles
The general rule is :-
Compensaton for pain and suffering = Not a windfall
Compensation for loss of earnings = windfall
Posted: Thu Jul 14, 2011 4:39 pm
by Budgie
Hello Liam and Melanie,
Thankyou very much for your prompt response and sound advice.
I will be drafting a letter to my IP shortly, just waiting for a break down from my solicitor for the personal injury. Also I have on going problems with my neck due to the accident so my physiotherapist is going to send me a letter concerning future treatment.
Plus the genuine need for main replacement items in my home.
Fingers crossed
Happy I have opted for the IVA, as I now there is light at the end of the tunnel even it's is a long road being very frugal.
Thanks again I will let you know how it goes ? x
Posted: Sat Aug 06, 2011 12:47 pm
by Budgie
Great Result!!
Just had some really great news concerning my claim!!! They advised I can keep all of it wow made up!! This is due to the fact of ongoing physiotherapy the money is to used for future treatments. They wouldn't disclose if Compensaton for pain and suffering = Not a windfall for some reason ?? But hey made up can save some for treatments and still get my new boiler happy days
xx
Posted: Sat Aug 06, 2011 1:13 pm
by kallis3
Excellent news Budgie, really pleased for you and Happy New Boiler!!
Hope the treatments work out ok as well.
Posted: Sun Aug 07, 2011 1:27 am
by Broke of London
That's good to hear! Hope the neck improves x