Personal injury claim

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respite33

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Post by respite33 » Tue Jan 31, 2017 10:23 pm
Hi

My husband may be due a personal injury claim - can this be used as a full and final settlement or does it have to go directly to the IVA?

luluj

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Post by luluj » Tue Jan 31, 2017 10:39 pm
It depends on what the payment covers in particular - some IPs insist it is used to enhance the iva payment to creditors whilst others don't. Your iva terms and conditions may outline their expectation - if not chevk direct with your IP.
Good luck and let us know how you get on.
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Foggy

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Post by Foggy » Wed Feb 01, 2017 8:00 am
Generally, though not always, a payment for pain and suffering is treated the same way as it is in bankruptcy in that you will be allowed to keep it. However, not all firms think this way and some will treat it as a windfall and will draw it into the IVA for the benefit of creditors.

If your IP is of the former opinion then, yes, you could use it towards a full and final offer.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
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Lisa Thomas

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Post by Lisa Thomas » Wed Feb 01, 2017 4:57 pm
As the others state you need to know how the compensation is split to know how much, if any, your husband might be able to keep.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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