Windfalls, pain & distress

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roxie
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by roxie » Mon Nov 26, 2018 8:52 pm
Hi, I was wondering if anyone could help. I signed up for an IVA last December. All was approved a few months later.
I was going through a police investigation at the time. I was raped when I was 11 years old by an adult, which has resulted in me being awarded money via criminal injuries for the mental distress and effect on me for the past 20+ years.
I’ve had the worst time of my life, and I finally have something good happen.
Now I understand it says “windfalls” need to be paid back into the IVA including compensation.
Is this still the case for payments that are for pain and distress? It isn’t very clear at all.
I can’t stop worrying and it’s late and the phone lines are not open for me to call them to ask.
Does anyone know what the outcome would be?
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Foggy
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by Foggy » Mon Nov 26, 2018 9:04 pm
Bottom line is that it is a windfall -- and windfalls over £500 need to be paid in to the IVA. In the IVA terms, there is no distinction between classes of compensation. However, in bankruptcy they do allow the debtor to keep compensation paid specifically for "pain and suffering" and most IP's follow this maxim in an IVA.
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luluj
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by luluj » Mon Nov 26, 2018 9:43 pm
I think the sensitivity around this case requires a very open and honest conversation with your IP.

Although I hear what foggy is saying about it being a windfall, I would really hope a level of compromise maybe reached as you will continue no doubt in the future bear this terrible experience.

Please let us know how you get on x
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roxie
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by roxie » Mon Nov 26, 2018 9:49 pm
luluj wrote:
I think the sensitivity around this case requires a very open and honest conversation with your IP.

Although I hear what foggy is saying about it being a windfall, I would really hope a level of compromise maybe reached as you will continue no doubt in the future bear this terrible experience.

Please let us know how you get on x


Thank you,
I’ve gone from being hopeful that something is going right, straight down to zero and wanting to cry.
Do they have levels of compromise?
I know Foggy said that they can sometimes go down the lines of how it works for bankruptcy.
They only reason why I didn’t go for the bankruptcy option is from not having the money to do it.
I’ve never had to speak to my IP before. Is it easy enough to do? It’s of such a delicate matter that isn’t easy to talk about. I just don’t know what to do or how to handle this at all.
Thanks for your help x
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luluj
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by luluj » Tue Nov 27, 2018 6:03 am
If you ring your case worker and ask for a telephone appointment with your IP they should give you that chance - you may have to explain a little but I would insist in speaking to them and explain it is a private and very sensitve, difficult matter that you want to explain only once due to its upsetting nature and you have been advised to deal directly with the IP in this matter.

If you cannot get past the caseworker then insist on a team leader/supervisor/manager in the first instance.

Pain and suffering compensation claims are as foggy mentions dealt with in different ways and I really would hope that these circumstances are extenuating enough to allow you to benefit from the money in whatever way helps you to deal with this terrible ordeal.

Another way of contacting would be put it down in writing and send record delivery addressed to your IP

FAO xxx name of IP xxx ONLY
**** Private and Confidential - not to be opened by anyone other than addressee ****

That way you can track its delivery and receipt - what you can't do unfortunately is ensure it is only read by your IP although would hope addressed in this manner the company would follow the instructions on the envelope.

Let us know how you get on x
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roxie
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by roxie » Tue Nov 27, 2018 10:47 am
luluj wrote:
If you ring your case worker and ask for a telephone appointment with your IP they should give you that chance - you may have to explain a little but I would insist in speaking to them and explain it is a private and very sensitve, difficult matter that you want to explain only once due to its upsetting nature and you have been advised to deal directly with the IP in this matter.

If you cannot get past the caseworker then insist on a team leader/supervisor/manager in the first instance.

Pain and suffering compensation claims are as foggy mentions dealt with in different ways and I really would hope that these circumstances are extenuating enough to allow you to benefit from the money in whatever way helps you to deal with this terrible ordeal.

Another way of contacting would be put it down in writing and send record delivery addressed to your IP

FAO xxx name of IP xxx ONLY
**** Private and Confidential - not to be opened by anyone other than addressee ****

That way you can track its delivery and receipt - what you can't do unfortunately is ensure it is only read by your IP although would hope addressed in this manner the company would follow the instructions on the envelope.

Let us know how you get on x


Thank you for all your help and advice Lulu. I spoke to an IP, not mine, but another IP who could help. They were so lovely, and they said under the nature of the payment they wouldn’t ask for any of it to go towards my IVA and that would be my decision as this is something that will be with me for the rest of my life and is under pain and suffering.
I am an emotional mess but I am glad to have spoken to them about it.
Thank you so much for answering me and guiding me through what to do. I really appreciate it x
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Foggy
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by Foggy » Tue Nov 27, 2018 10:58 am
That is good news, Roxie.

I apologise if I came over as insensitive, but, being aware of the circumstances, I wanted to get right to the point with clarity.
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kallis3
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by kallis3 » Tue Nov 27, 2018 11:01 am
I'm glad you got something sorted out. I hope you can now move on with your life.
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roxie
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by roxie » Tue Nov 27, 2018 11:33 am
Foggy wrote:
That is good news, Roxie.

I apologise if I came over as insensitive, but, being aware of the circumstances, I wanted to get right to the point with clarity.


Thanks Foggy, you didn’t come across as insensitive. Your post helped me and I am grateful for the response.

My perpetrator lives opposite me. And I honestly thought I would be stuck here for the length of my IVA unable to move.
At least this is giving me the possibility of this happening now.

Thanks again all x
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Foggy
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by Foggy » Tue Nov 27, 2018 11:41 am
roxie wrote:
Foggy wrote:
That is good news, Roxie.

I apologise if I came over as insensitive, but, being aware of the circumstances, I wanted to get right to the point with clarity.


Thanks Foggy, you didn’t come across as insensitive. Your post helped me and I am grateful for the response.

My perpetrator lives opposite me. And I honestly thought I would be stuck here for the length of my IVA unable to move.
At least this is giving me the possibility of this happening now.

Thanks again all x


When the dust settles from the claim, you could think about making a full and final offer (usually based on remaining payments) to come out of the IVA earlier. It would still be on your credit files for the full 6 uyears from the start, but would be one less thing to worry about going forward.
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roxie
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by roxie » Tue Nov 27, 2018 12:13 pm
Foggy wrote:
roxie wrote:
Foggy wrote:
That is good news, Roxie.

I apologise if I came over as insensitive, but, being aware of the circumstances, I wanted to get right to the point with clarity.


Thanks Foggy, you didn’t come across as insensitive. Your post helped me and I am grateful for the response.

My perpetrator lives opposite me. And I honestly thought I would be stuck here for the length of my IVA unable to move.
At least this is giving me the possibility of this happening now.

Thanks again all x


When the dust settles from the claim, you could think about making a full and final offer (usually based on remaining payments) to come out of the IVA earlier. It would still be on your credit files for the full 6 uyears from the start, but would be one less thing to worry about going forward.


I had a good chat with them about that as well. It definitely sounds like a good idea for me.
I am starting university full time in September next year as well, so it’s nice to have security knowing I can make all my payments as well.
Thanks again for your advice Foggy. Appreciate it :)
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