Personal Injury claim and sequestration query please..

yesican

I have a question for you guys please,

Im currently typing a letter to my OR and i wondered if i could pick your brains here...Basically,my child and i were involved in a car accident two months before i went through with sequestration (im 6 months in) and i found out today that both of us will be receiving compensation.

Now,my question is - what usually happens when you receive compensation while still undischarged please?does the OR take it from you or if you receive it as part of an injury claim,its discounted?

Your response will greatly be appreciated.

Thanks guys..

tigerfeet2006

In the UK it is looked at that any part that is pain and suffering is given to the bankruptee and any loss of earnings is given to the OR.

Don't know if that is similar to Scotland. Might be worth a quick general call to the AIB.

For general queries about insolvency (but not debt advice) you can contact: General helpline - Tel: 0845 762 6171 - Email: [EMAIL="Helpline@aib.gsi.gov.uk"]Helpline@aib.gsi.gov.uk[/EMAIL]

yesican

Thank you very much Tigerfeet2006 for your response.

I'll give them a buzz and find out..

Thanks again....

tigerfeet2006

No problem, let us know what they say.

yesican

UPDATE.....UPDATE

I spoke with my OR about this and he told me that because im sequestrated,the cheque will have to be sent to them.

I did enquire about the fact that the payment will be for both myself and my child and he told me that he will look into it but he doesnt think that my child's share will be taken.

Apparently,they'll give me half of what i will be getting ...Its better than nothing i suppose.
At least i told him about the personal injury claim...phew.

All the best guys...

tigerfeet2006

Thanks for the update.

Well they cannot by law take your child's comp. that is theirs and cannot be touched by your trustee.

I've had a look round and as regards to comp in Scotland and it is taken on a case by case basis and you negotiate with your trustee, there are no hard and fast rules, so if you get half I would say that is quite good.

yesican

Tigerfeet2006,

I definately know what you mean there....its me that was sequestrated and not my child.I dont have a problem in them taking my share anyway as legally,its not really mine while im still BR and my name is on the docs but surely,they cant take my child's share as well??

One way to find out.They'll be in touch with the company that is dealing with my claim and i'll find out soon enough..lol

Once again,thank you very much for all your help Tigerfeet2006.

tigerfeet2006

No they definatly can't take your child's comp. It would not be legal for them to do so and if they did you would have come back.