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Personal Injury Settlement and LILA in Scotland-
I won a personal injury claim while sequestrated (i'm discharged now) but i'm not sure if i'm entitled to it or now. I suffered a serious car accident with my child in the car and its becoming more complicated having found out that i won't get my share .. Its not due to loss of earnings,its purely as a result of personal injury.
Secondly, i found out yesterday that as a single parent and having been declared bankrupt before (underwent LILA route on December 2011 and discharged on December 2012), my solicitor sent a letter to the organisation that deals with keeping children't funds in trust until she is 18, this is extreme ,is it not?i made mistakes, bad financial mistakes in the past and i have learnt from it.Why am i being penalised now??
I assumed that her cheque would be sent straight to me and i could put in HER bank account.
Am i chasing a ghost here? or am i being led down by my trustee please?
Thanks in advance
Mine was via LILA route...You apply for sequestration and the documents are sent off.You don't get to appear in court at all.I was discharged in December 2012.
One can only apply via LILA route if you have no savings or assets.
My personal injury claim was not part of my sequestration.
What about my child's case please?can they put her funds in trust even after i have been discharged please?
Lastly, how do i proceed with request to get my personal injury compensation be sent back to me please?I have sent my trustee an email kindly asking her to reconsider her decision based on the fact that the claim that i made was as a result of personal injury and nothing else.
Obviously, she has experience as a trustee but sometimes, we all make mistakes and if at the time, she was very adamant that my share had to go to her (the solicitor acting on my behalf sent her my cheque ysterday).
If the case is pending .i.e if i'm refuting her decision, she can't go ahead and cash it until the matter is resolved,can she?
I'm just trying to view all angles here without stepping on anyone's toes.
Even though i have carried out an extensive research about personal injury while sequestrated and i found out that her decision was wrong, i wanted an expert's opinion on what i already knew.
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