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| T O P I C R E V I E W |
| Jaci |
Posted - 15 May 2008 : 12:31:49
I was the victim of a violent crime that went to Crown Court in 2005. Through victim support, I made a claim for personal injuries in 2006, but I am still waiting to hear if and when I will receive any compensation. If I do get awarded a sum, I have read on this forum that it is exempt from the OR when in BR, but I have not yet declared BR as I am saving up fee. If I was to be awarded compensation prior to going BR, would this then become available to the OR?
I`m not trying to avoid paying what I can to my creditors, just wont to beware of my rights.
Thanks |
| 7 L A T E S T R E P L I E S (Newest First) |
| melanie_giles |
Posted - 17 May 2008 : 00:07:37
I don't think it is right to advise that you do not need to inform the OR. I would recommend that you do, simply for transparency as depending upon the nature of your claim some of it may be deemed to be an after acquired asset - for instance if it partly covered loss of earnings. The only bit of the claim which is exempt from bankruptcy is that which specifially compensates you for the injuries you sustained.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
| Jaci |
Posted - 15 May 2008 : 18:15:58
Thanks for your posts Brett your advise has been informative. It would be brillant if the compensation could save me from BR. but creditors are hounding me so I cant afford to wait for what the CICA might payout!
Thanks again for your advise.
Regards, Jaci |
| Helpful Advice |
Posted - 15 May 2008 : 17:42:31
Hi Jaqi,
Yes you would be correct in your assumption,
The reason I was looking at the level of compensation you may be awarded was that if this was to be a significant sum it might enable you to avoid the Bankruptcy road altogether.
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
| Jaci |
Posted - 15 May 2008 : 17:32:34
Ok, so am I right in thinking then, If I do receive persoanl injury compensation after BR I do not need to inform the OR?
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| Helpful Advice |
Posted - 15 May 2008 : 17:05:34
Hi Jaci,
It all depends on the injury claim, theoretically Personal Injury Claims should be excluded from Bankruptcy and in the cases I have dealt with they have been, but the amounts awarded were fairly low sums.
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
| Jaci |
Posted - 15 May 2008 : 15:53:28
Hi Brett,
Thanks for replying.
I have no idea of compensation rates as the crime was a sexual offence and the CICA website doesn’t list any rates for this. Unfortunately after 8 months on remand the offender was found not guilty in crown court - so not even sure I will be offered any compensation. I think it all depends on the CICA boards police/court inquires.
Is there a maximum and minimum amount for a personal injuries claim allowed by the OR then?
Regards, Jaci |
| Helpful Advice |
Posted - 15 May 2008 : 14:49:01
Hi Jaci,
What amount are you likely to be awarded from the compensation claim?
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
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