They want to take my friends old banger

misspoppy

Hi

My friend was declared Bankrupt 10 days ago she owns an old car with little or no value and lives in a rural area. She works as a private tutor and travels to the childrens homes to teach them and has mobility probelms. She's had a letter stating they are taking her car and will be coming for it on friday. She has sent a letter appealing the decision but I wondered if anyone had any experience of this. Has she just been very unlucky and what are her chances of winning the appeal?

Thanks

ClaireLR

If she needs the car for work then they really shouldn't be taking it

How much is the car worth? I take it she does not live near any bus routes??

Merry_Gentry

Hi Misspoppy

Cars are always a difficult area when it comes to going BR, and H and I are still waiting to hear whether we can keep ours or not. Your friend definitely needs to appeal but she needs to show the car is essential not a convenience. So an example of how far she drives to tutor, how much longer it would take using public transport and how much it would cost.

Even then there's no guarantees

misspoppy

she travels to numerous childrens homes each day she teaches which is mon-sat its totally impossible for her to do this via public transport, some children live on private estates with drives that are a couple of miles long, its amazing they came to this decision.

tigerfeet2006

Make sure she rings the OR to make sure the letter has arrived and to re-iterate why she needs the car.

misspoppy

thanks for that i'll let her know

blind-as-a-bat_2

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part2/31.2.htm

Chapter 31.2 Part 3

You need to read through this as if there is no alternative it shows the OR is being unreasonable

the question you need to ask is why when it clearly states it should be exempt if thats case

misspoppy

It would seem they are fast tracking her case as its been past to another court because of a backlog at the one she went BR at (or something like that) I think they are just rushing through and will make mistakes.

blind-as-a-bat_2

misspoppy wrote: »

It would seem they are fast tracking her case as its been past to another court because of a backlog at the one she went BR at (or something like that) I think they are just rushing through and will make mistakes.

Actually your right i missed the ten days ago bit, that is a bit too quick to decide if its exempt or not, i cant see how they can have verified if there was another option or not in less than ten days

misspoppy

yes its left her devestated and added to her burden I'm very worried about her hence I'm trying to get some advice thanks for your help.

misspoppy

Good news

She called today to check if they had recieved her letter and said they had and that it was clear the car will be exempt. Its a huge weight off her mind thanks to all that replied yesterday and to blind-as-a-bat for the bit of legislation regarding cars and to tigerfeet for suggesting she called them.