Personal Injury claim and bankruptcy.

yesican

Hi guys,

I have a burning question that i could do with your advice please.(I have asked this question before but things have taken another turn ).

I was involved in a car accident with my child and at the time, i was still in BR.Back then,i did inform my trustee and she was adamant that my share would be taken.

I recently found out after googling the net that some have had their share not taken if its to do with the personal injury due to pain and suffering.

I'm gutted because i found out yesterday morning that a cheque had been sent to my trustee.

Has anyone ever received their cheque instead of the trustee following a personal injury claim please?

Your advice would greatly be appreciated.

Thanks guys.

traveller

Hi, was this purely a personal injury claim, or was there any element for the loss of a possession or loss of earnings? If this is purely money as compensation due to injury and no claim for anything else you are entitled to that.

Obviously I don't know your full case, but if your bankruptcy was sometime ago, ask to be put through to the aftercare or post release team in your area (every official receiver's office has one).

If you are entitled to this money and the OR has received it, you will get it back. Again, I'm going on the assumption this is purely personal injury. If there is anything else, they will make a judgement. But in any case, if your case is closed, ask to speak to the section I mentioned and they will look into it. HTH

Johno100

yesican wrote: »

Hi guys,

I have a burning question that i could do with your advice please.(I have asked this question before but things have taken another turn ).

I was involved in a car accident with my child and at the time, i was still in BR.Back then,i did inform my trustee and she was adamant that my share would be taken.

I recently found out after googling the net that some have had their share not taken if its to do with the personal injury due to pain and suffering.

I'm gutted because i found out yesterday morning that a cheque had been sent to my trustee.

Has anyone ever received their cheque instead of the trustee following a personal injury claim please?

Your advice would greatly be appreciated.

Thanks guys.

You first need a breakdown of how the settlement monies are made-up. There are usually two elements, general damages which relate to pain and suffering and special damages relating to property and loss of earnings. As you have read general damages don't vest in your trustee and you should receive those. Special damages will vest in the trustee and form part of your bankruptcy estate.

Here is some reading from the Official Receivers technical manual:-

http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/technicalmanual/ch25-36/Chapter30/Part%205/Part%205.htm#30.105

If it turns out are entitled to any or all of the funds make sure your trustee gives you a proper breakdown and that any fees charged by the Insolvency Service on the funds have been rebated.

yesican

Thanks for your response guys.

I was sequestrated in Dec 2011 (LILA) and discharged in Dec 2012.

My child and i were in the car at the time and my trustee told me in September 2011 that i was to get my child's share but won't get my share (i found out that my cheque was sent to my trustee yesterday).As my for child's cheque, my solicitor is to write to some company (not my trustee) to find out if the cheque should be sent to me or my child's cheque to be kept in trust until she is 18.

My LILA was a straight forward sequestration,no reposession or anything.

yesican

Johno100 wrote: »

You first need a breakdown of how the settlement monies are made-up. There are usually two elements, general damages which relate to pain and suffering and special damages relating to property and loss of earnings. As you have read general damages don't vest in your trustee and you should receive those. Special damages will vest in the trustee and form part of your bankruptcy estate.

Here is some reading from the Official Receivers technical manual:-

http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/technicalmanual/ch25-36/Chapter30/Part%205/Part%205.htm#30.105

If it turns out are entitled to any or all of the funds make sure your trustee gives you a proper breakdown and that any fees charged by the Insolvency Service on the funds have been rebated.

Johno100, does this apply to Scotland as well please?..

Johno100

yesican wrote: »

Johno100, does this apply to Scotland as well please?..

No idea to be honest, but I can't see why the principle would be any different.

yesican

traveller wrote: »

Hi, was this purely a personal injury claim, or was there any element for the loss of a possession or loss of earnings? If this is purely money as compensation due to injury and no claim for anything else you are entitled to that.

Obviously I don't know your full case, but if your bankruptcy was sometime ago, ask to be put through to the aftercare or post release team in your area (every official receiver's office has one).

If you are entitled to this money and the OR has received it, you will get it back. Again, I'm going on the assumption this is purely personal injury. If there is anything else, they will make a judgement. But in any case, if your case is closed, ask to speak to the section I mentioned and they will look into it. HTH

Thanks Traveller,
YES-Its purely for pain and suffering ..nothing else...

tigerfeet2006

I have a niggly feeling that it is different in scotland. Have a look on the AIB website and see if there is anything ( sorry I'm on my phone and it's 12.30 here and I'm tired and on my phone or I'd look it uP for you) also pm coolcait and ask her to look at your thread.

yesican

tigerfeet2006 wrote: »

I have a niggly feeling that it is different in scotland. Have a look on the AIB website and see if there is anything ( sorry I'm on my phone and it's 12.30 here and I'm tired and on my phone or I'd look it uP for you) also pm coolcait and ask her to look at your thread.

Aww...Thank you so much Tigerfeet2006 for taking the time to respond to my post...i genuinely do appreciate it .:-)

I will PM Coolcait...

Thanks again and have a lovely evening....:-)

PS: Either i'm blind or i can't see to find anywhere on the AIB website about personal injury claim.I have combed through it but maybe i'm missing something...Better make a quick stop at Specsavers tomorrow !..:-)
Have emailed my trustee kindly asking the trustee to reconsider the decision about my personal injury claim.I will keep you posted as soon as i hear back...

yesican

UPDATE--

I have made a few phone calls to different Scottish solicitors and it turns out that, as the award of damages was never assigned when i launched for BR and also, as it was all for personal injury, the trustee has NO claim.

It was a straight forward BR-No assets or anything- LILA route..

I'm waiting on my trustee to get back to me about this.Will let you know the outcome.

Thanks again guys...

rossireps

I had a claim last year during my br. I rang or and out of the claim amount all they took was an amount they gave me,for medicines. I kept the amount that came under pain and suffering. Just before i received the cheque I rang the or office and she checked with solicitor . that it was indeed only pain and suffering. no issues and in fact she did it all really quickly. I do however live in england.