I Am Soon To Lose Everything !!!! How Can I Stop It

crystal_clear

HI !!!
Does anyone have any idea how long it takes to get the sickness benefit / I.S from the benefits office ??? All paperwork completed and sent back a month ago and still nothing only an 0845 number and that just keeps you on hold forever to no avail..
I have had no money since 21-5-05 how can they expect me to live my debt is getting yet bigger and cannot do debt plan because i need the CC's to keep me and the children till finances start to appear ???

Bossyboots

Turning_into_scrooge wrote:

Accidnets have to be paid out no longer than 3 years unless an apeal is made to go to court and then it can be a case of how long is a piece of string. Most cases are paid out between 1 and 2 years now to prevent hardship for the claiment. Doesn't always work mind.

You have to issue Court proceedings before the third anniversary, not necessarily be paid out. If you approach the anniversary then an application can be made to the Court to protect your position but negotiations still go on and any hearings adjourned until they are needed.

Bossyboots

delboypass wrote:

What is the point in her waiting 8 years to get her car insurance money. Surely push for a closure settlement now so she can save the rest of her life. It sounds like this payment is the only thing that will stop her from losing everything.

I would also contact all your creditors and ask them to freeze you interest or else you are sliding down the debt slope slide with no brakes. Tell them your circumstances that you were in a car accident and are waiting a payout - get solicitor to tell you a date or estimate settlement price as well.

Because if the injuries are sufficient to affect her earning ability for the rest of her life, that needs to be established now. There is no going back once you have settled.

lush_walrus - legal aid has now been discontinued for personal injury claims so that is not an option.

crystal_clear

Hi Bossytboots
Thanks for the replies But can I say I have already got in place a solicitor and the other party has admitted liability ........ No settlement will be sorted for me at present although as i said previously I think the solicitor just wants to see a final date so they can get paid ........ (my son and daughter have been paid) My loss of wages are mounting and although i know i will get them and have asked for an intrim payment to cover my loses (not Injury) I have yet to get a responce ......... My main problem is as above I have no funds coming in whatsoever only my child benefit I need to know how long before the social security/ Jobcentre plus are likely to take setting up my claim as above.......... I am getting further into debt as i have to live from my CC so cannot contact my creditors to get reduced payments or i would have my credit stopped then have nothing to live on......... This situation is so unfair as I feel i am in a no win state I cannot do anything and at the end of it Ok i will get paid out for my accident but then at what cost to my finances They were well managed before and i doubt they will ever be the same again at the end of this whole mess :mad:

Bossyboots

Have you pushed and pushed your solicitor on the question of an interim payment? If the insurance company are not willing to play ball at this stage, I think your solicitor needs to consider issuing proceedings now.

Have you pm'd andyd to seek his guidance?

Turning_into_scrooge

Bossyboots wrote:

You have to issue Court proceedings before the third anniversary, not necessarily be paid out. If you approach the anniversary then an application can be made to the Court to protect your position but negotiations still go on and any hearings adjourned until they are needed.

Thats basically what i was saying

nabowla

crystal_clear wrote:

They were well managed before and i doubt they will ever be the same again at the end of this whole mess :mad:

Once you come out the other side of this situation (and you will), you can contact the two main credit reference agencies to have a note put on your file. In the note you can explain that your finances were well managed until xxx date, that you were involved in a car accident and unable to work xxx months, that you had no income of any sort for several months and that the insurance did not pay out until xxx date. Providing you manage your finances well once the insurance has paid up, finance companies will be able to see that your situation really was a temporary blip caused by a situation totally beyond your control. I'm not too sure exactly how to go about having a note added to your credit files but plenty of other posters will be able to help out.

As everyone else has already said, professional advice regarding your current situation is a MUST. The Citizens' Advice Bureau will be able to help you to contact your creditors and manage the situation in a responsible way. For example, they will be able to advise you about claiming benefits that you may not have considered - e.g. free school lunches for the kids (no idea whether you're eligible, but CAB will know). They will also help you to talk to your creditors. If you don't talk to the creditors NOW, all the creditors will see in November is a string of defaults with no explanation, and they will come down far more heavily on you.

jazzyjustlaw

crystal_clear wrote:

I spoke only days ago with the solicitor dealing with my case and told him i was looking at going into Bankruptcy soon if things did not progress in some way I told him my concerns but i feel this fell on deaf ears. He is appointed by my car insurance and is pushing for a settlement so he can get his pay but i feel he is also more of the mind that i worked for the week after the holiday (( which was 14 hours after accident the initial whiplash had not kicked in and i am one of those that plows through illness to get better unfortunatley it didn't work out this time )) so i get the impression he thinks i am or should be all fit and well now.
This is a horrible position to be in I dont like asking anyone for anything and to be frowned on by my own solicitor does not give me a great deal of confidence

If i could i would be at work now then this discussion would not be taking place and i would not be feeling like my world is about to collapse

As I recall you can choose to transfer that Solicitor to one who is more local. A lot if insurance company seem to farm such claims to one a long way from the claimant. I just dont think they want you to know so ask and see you have nothing to lose.

jazzyjustlaw

lush_walrus wrote:

Definately do not let your solicitor push you into anything like settling.

Also I would advise you to find out if you can drop the solicitor you have through your car insurance and get an independant solicitor with legal aid (you must be entitled to legal aid by the sounds of it)

I had a quite critical car accident when I was 18 after being driven into by a drunk driver. Anyway, to cut a long story short, the solicitor I was asigned through my insurance told me I wouldnt get a penny towards myself (I had a crack in my spine as a reslut of accident), my car (only 3 months old) and my friend. Luckily my parents friend was a solictor and took my case under legal aid (was a student at the time) and we won and was paid injuries, car and all expenses linked such as loss of work (part time work) detremental effect on studies, travel expenses as a result of loss of car etc.

I waited 8 years for injuries, but was paid for my car etc after a few months.

Ask at CAB if you can change off of solicitor (who specialises in car accidents) and be liable for legal aid.

I do not think you can get Public Funding (formerly known as Legal AId) for Personal Injury Claims anymore (you will have to check that) anyway the insurance company subrogates the claim to their Solicitors as far as I can remember.

However, those claiming Public Funding must remember that the Statutory Charge applies if you retain or recover money or property - in other words you might have to pay it back.

Bossyboots

jazzyjustlaw wrote:

I do not think you can get Public Funding (formerly known as Legal AId) for Personal Injury Claims anymore (you will have to check that) anyway the insurance company subrogates the claim to their Solicitors as far as I can remember.

However, those claiming Public Funding must remember that the Statutory Charge applies if you retain or recover money or property - in other words you might have to pay it back.

You are quite right, there is no legal aid for personal injury claims anymore.