| T O P I C R E V I E W |
| acm |
Posted - 14 November 2009 : 10:19:11
Hi. Advice please. Got made BK back in Mar 09. Not long to go now but I have an outstanding claim for an RTA I was involved in 16 months ago. I was self employed at the time and lost a contract as I had to go part time. All in all I have been losing approx £100 per week. The claim is still not settled. I am well aware that the OR can not demand any settlement money from my personal injury claim. I am also well aware that the OR can take money for loss of earnings i.e. 60% to them and 40% to me. However, If I agreed to settle with the other party after my BK has finished (Mar 2010) then can the OR still demand money for the loss of earnings element even though I am a discharged bankrupt. My claims solicitor has told me she has a legal obligation to inform the OR if I am to claim for loss of earnings. If this is so then there is no point in me waiting until my BK is over before I settle this long running claim. Many thanks.
ACM |
| 9 L A T E S T R E P L I E S (Newest First) |
| chester2005 |
Posted - 17 November 2009 : 00:27:28
the potential compensation other than for personal injury is an asset which became the property of the OR upon BR and remains so unless purchased from him
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
RevivaUK helped me through it all i can't recommend them enough!! |
| debtinfo |
Posted - 16 November 2009 : 23:25:52
only in this particular circumstance because the accident was before discharge, if you crashed nof after discharge you would not have to tell the OR |
| Hallway123 |
Posted - 16 November 2009 : 06:33:53
So does this mean even after discharge I still have to tell OR of any changes in my circumstances,I thought once discharged I didn't. |
| debtinfo |
Posted - 14 November 2009 : 17:36:45
have a read of this from the OR technical manual
http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part9/part3/part_3.htm |
| debtinfo |
Posted - 14 November 2009 : 17:34:46
OK, where a right of action such as this has two components, one for personal injury and one for loss to the estate (earnings, scrapped vehicle etc), then it is the OR's decision whether to take the case to court not yours. The right passed to the OR when the bankruptcy was made as a contingent asset. The OR may decide to take the case on and if he wins will give you 100% of the personal compensation but will take 100% of the compensation for loss to the estate. If the OR does not want to take it to court he may offer it to you for a fee at which point what ever you won for both components would be yours to keep as you would have bought the right from the OR. |
| acm |
Posted - 14 November 2009 : 17:19:07
Sorry debt info, just do not understand your statement. If OR were to want 100% then why on earth would I put a claim in for my loss of earnings, gather all the paperwork and collate the info for my solicitor just for her to apply to the other sides solicitor/insurance company for them to make a cheque payable to the OR for all loss of earnings? |
| debtinfo |
Posted - 14 November 2009 : 15:35:37
actually the OR will want 100% of it, you must inform the OR and it is the OR's decision if the claim is to go forward for the loss to the estate |
| acm |
Posted - 14 November 2009 : 14:25:37
Thanks Chester. Just does not sit right with me. I have had a massive cut back in wages, down to just £120 a week for the last 7 months and have had to go without clothing and heating at times and when I get money back from what I have lost out on the OR will demand 60% of it. Hey ho, I suppose thats life. |
| chester2005 |
Posted - 14 November 2009 : 11:03:43
the OR can make a claim on your settlement for loss of earnings any time either before or after discharge
and the solicitor will tell him
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
RevivaUK helped me through it all i can't recommend them enough!! |
