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Handing over an injury claim?
Posted: Thu Jan 30, 2020 3:50 pm
by katie584
I have had a iva for 2 years now, I am expecting a injury claim some point this year after having a RTA early 2019, even when I was off sick for 7 months I kept up with my payments, so my question is do I have to hand this over to my Iva company,
Re: <t>Handing over an injury claim?</t>
Posted: Thu Jan 30, 2020 3:53 pm
by kallis3
You need to speak to your IP but if it is for pain and suffering you may be ok.
Re: <t>Handing over an injury claim?</t>
Posted: Thu Jan 30, 2020 5:30 pm
by Foggy
On the face of it - Yes ! There is no specific mention of compensation in an IVA, but most IPs follow the guidance in Bankruptcy cases --- compensation specifically ascribed to pain and suffering is generally allowed to be retained. Only your own IP can tell you how they are likely to react.
Re: <t>Handing over an injury claim?</t>
Posted: Thu Jan 30, 2020 5:43 pm
by katie584
I have gone through my contract to see what’s in the fine print about windfalls and I can’t see anything to relate to this, so once I have been given a offer I will make contact with my IP and see what the deal it, as I might not get my payout till the end of the year,
Thanks for the advice
Re: <t>Handing over an injury claim?</t>
Posted: Thu Jan 30, 2020 5:47 pm
by Foggy
Thu Jan 30, 2020 5:43 pmkatie584 wrote:
I have gone through my contract to see what’s in the fine print about windfalls and I can’t see anything to relate to this, so once I have been given a offer I will make contact with my IP and see what the deal it, as I might not get my payout till the end of the year,
Thanks for the advice
As I say, there is no specific mention. Basically the things they grab are earned extra income ( overtime, bonuses, etc),
Unearned extra income ( insurance payouts, lottery wins, inheritances and the like) and after acquired assets ( If Great Aunt Maud gives you the Monet from the downstairs loo sort of thing).
Best of luck.
Re: <t>Handing over an injury claim?</t>
Posted: Thu Jan 30, 2020 9:06 pm
by recovering
Hi, I was allowed to keep nearly £2k I was awarded as A pain and suffering payment BUT I Had a fantastic IP
Always worth asking