CCCS & compensation claim

lisal0u

Hi,

I have just spoken to CCCS regarding a possible compensation claim for a whiplash injury. They have told me it would be considered a windfall and would have to be paid into the iva if it's over £500.

Is this correct? I've read that compensation for pain and suffering shouldnt be considered a windfall?

There's no point in me carrying on with the claim if I won't see any of it!

Any advice would be appreciated
Lisa

To_be_Free

lisal0u wrote: »

Hi,

I have just spoken to CCCS regarding a possible compensation claim for a whiplash injury. They have told me it would be considered a windfall and would have to be paid into the iva if it's over £500.

Is this correct? I've read that compensation for pain and suffering shouldnt be considered a windfall?

There's no point in me carrying on with the claim if I won't see any of it!

Any advice would be appreciated
Lisa

So why shouldn't it come off what you owe to your creditors?

lisal0u

It probably will have to! Would have been nice to have at least kept some for emergencies!

It just seems unfair that some people on IVAs get to keep their compensation and others not! Surely it should be the same for all?

Checked through all my paperwork and the only time windfalls are mentioned are in my approval letter asking me to let them know of any, specifies redundancy, lottery win and inheritance but says that isn't the complete list.

FoggyBrain_2

Although my proposal mentions windfalls, and defines them, if merely says that the IP should be informed, not what will be done with them !!!! Still, I have accepted if I get any I will pay them in. Prime objective is to keep my head down and get through the next 4 years as quickly as possible.

lisal0u

I know what you mean! I'm so grateful that I can finally start digging myself out if this big hole!

I'm just always worrying that I have no savings, so if my car breaks down or my boiler or my roof leaks etc what would I do?

I'm just frustrated that there's no definite rule like in bankruptcy. They wouldn't give me a straight answer on the phone which was also a bit odd! Either they will take it or the wont.

Another 57 payments to go!

FoggyBrain_2

You were probably talking to an admin on the phone, who didn't know the answer, but didn't want to admit it!

It is frustrating when modern proposals are all supposed to comply with the recent protocols, yet many IP's interpret things totally differently from each other .... and some of them are so bloody-minded about it too !!!!

Luckily, so far, my lot have been OK -- first review about to come up, so I'll see if I change my mind about them then !

lisal0u

Hiya,

Still not getting anywhere with CCCS, they rang me today asking if I'd received a claim yet but still wouldn't say either way if I could keep it or not. I asked the question to the solicitor dealing with my claim and he said they should'nt be able to take the pain and suffering part and that I should ask what legal jusrisdiction they have for doing so.

I dont like the fact they are being do cagy, it should be a clear policy either way!

Lisa

lisal0u

Hi Everyone,

Just thought I'd give you an update! I am allowed to keep my compensation :j:j

I sent a letter explaining what I needed it for (new boiler and replacement shed) and they used their discretion rather than conveening a creditor meeting and let me keep it!

Although I'd love to spend it on a holiday haha its nice that'll it'll go on things that will last me years and I wont have to worry about them!

Lisa