What happens if I accept a complete payment of my pension ?

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Richard.ds

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Post by Richard.ds » Wed Sep 12, 2012 11:54 am
I am in an iva and currently receive a pension payment of £40 a month, the pension company have made an offer of £10,000 as a complete payment of the said pension. The £40 a month payment is declared on my ova earnings. If I accept the £10,000 do my creditors have any claim on it because it technically isn't a windfall. This also affects my monthly income as my earnings will be lower. Please advise.
 
 

gavin

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Post by gavin » Wed Sep 12, 2012 12:16 pm
I think u wood have to pay it in to the iva
Empty pockets never held anyone back. Only empty heads and empty hearts can do that.
 
 

Niobe

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Post by Niobe » Wed Sep 12, 2012 12:18 pm
Hi,

It depends upon what it says in your proposal as some pensions are ring fenced.

Check your paperwork and speak to your IP.
 
 

Michael Peoples

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Post by Michael Peoples » Wed Sep 12, 2012 12:21 pm
The easiest way would be to call a variation and possibly offer some or all as full and final. If accepted draw down the funds and if rejected keep taking the £40. Take the £10k later when the IVA is over.
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
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