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On A Mission's road to BR - diary thread - OR interview 19/9 DONE!

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  • Oh God, I don't know what I'd do without the car! I can't even walk well at the moment as suffering with pelvic girdle pain (and am only 18 weeks) so walking miles with a pushchair will end up with me hospitalised. It would also prevent me continuing my business after baby is born as there's no way I can transport 2 young children and all my stock to events. Just to add further misery to it, the car is in hubby's name even though I am now the main user and he barely uses it anymore. Losing the car would also ruin our plans of moving to Scotland as we couldn't physically get there without a car - how the hell do you move house with 2 babies and a dog and no car?! I feel like crying!!

    ETA: I've just been thinking more about this and I couldn't even walk to the nearest bus stop to get to my ante-natal appts without feeling extreme pain or my legs buckling beneath me and I certainly can't lift the carseat into a taxi (assuming it's compatible in the first place as it doesn't fit every car) because of the weight and the growing bump getting in the way as well as having to hold my little one in the first place so having to do it all one-armed.

    Sorry, just feeling on a major downer today as little one has had me up since 4am, I'm in a lot of pain with my back that paracetamol does naff all for and I am utterly exhausted and not sure I can cope much longer with everything going on at the moment. I'm meant to be going for minor surgery on my hand this morning to get a mole removed but MIL who was set to look after little one has had to dash to the IOM to tell her mum that a family member (brother/son) has died. I'll either have to cancel the surgery or take a very cranky over-tired 18-month old with me whilst I get it done. Lucky me.
    Declared bankrupt on 12/09/2008 @11:56
    BSC no. 196 - My diary thread
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Take a deep breath Ona and don't panic to much. Cancel the mole removal. I have had a few removed and you don't want your 18 month around when you have it done. Believe me I speak from experiance, especially a tired 18 month old.

    I also suffered SPD with all 3 of my pregnancies. During the 3rd one my Dr. wanted me to have crutches to get about but that would mean I wouldn't be able to walk my six year old to school while pushing my toddler in a pushchair the mile to school. Believe me I was in agony. The Dr. eventually prescribed Diclofenac, not ideal but I had to weigh up the pro's and con's. He also got me to see a physio which helped a bit.I hate to say it but a year on I still suffer.with it.

    Is your OH going BR as well? Sorry I can't remember :o
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just had a quick look at your I&E and the thing that jumps out at the moment is the car.

    You are spending a lot on it to maintain and run it and not really using it and it is worth a lot of money. I feel the OR will have the car. You would be better off with a lower value car.

    I have to say I agree with Tigerfeet, I think you are really going to have a battle on your hands getting the OR to agree with you keeping the car. the fact that you only use it a couple of times a week is enough for the OR to say it isn't a necesscity, more a convenience. This isn't helped by the fact that the only person in the house earning doesn't use it to get to work. Also you say you need it for your home businees, but your income is £0, how long is it since you actually earned from this business?

    I'm not even sure your PG sypmtoms would be taken into account as it's not an illness, and is finite.

    You can get one way car rentals to move to Scotland.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Thanks for the replies.

    Yes OH is going BR too.

    OH doesn't need the car for work at the moment but could well do for the new job in Scotland. We're hoping he'll have a job offer and we may even have a moving date by the time we go BR but I think it'd be a bit lucky.

    I only started up my business in March and by May had my head permanently stuck down the loo so had to pull back from it, plus I can't do the heavy lifting it requires at the moment. I was going to go at it all guns blazing again once the baby is born. I haven't actually made anything from it yet due to the expense of starting up.

    I'll have to look at the car rentals as we'd need to be able to get the carseats and roofbox on it in order to even get the pushchair in. Are they okay with big dogs in rental cars? I've never hired one in the UK so have never had the dog with me before.
    Declared bankrupt on 12/09/2008 @11:56
    BSC no. 196 - My diary thread
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ona if I were you I would look at selling your car and getting one of around a £1000. You will have more of a chance of keeping it that way. Car seats are flexible and will fit most cars. We have had the baby's one since my first child and we have had upteen cars since then and has fitted.
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    OH doesn't need the car for work at the moment but could well do for the new job in Scotland. We're hoping he'll have a job offer and we may even have a moving date by the time we go BR but I think it'd be a bit lucky.

    That may at a stretch be valid grounds for an exemption, although you would still have to convince the OR.
    Bankrupt claims he/she needs vehicle for work

    When considering whether to exempt a motor vehicle the principal points that the Official Receiver has to consider are;
    • whether the vehicle is used by the bankrupt in his/her employment, business or vocation,
    • that the bankrupt could not reasonably travel to and from his/her place of employment without a vehicle, due to lack of alternative transport,
    • that the bankrupt’s prospects of obtaining employment would diminish without use of the vehicle, even though the bankrupt may not be in employment at the date of the bankruptcy order. In such cases, the official receiver will need to decide whether there is a reasonable prospect of the bankrupt obtaining work,
    • that a self employed bankrupt who does not have work at the date of the bankruptcy order may be able to retain a vehicle as an exempt asset if he/she can satisfy the official receiver that there is a reasonable prospect of him/her obtaining work, and
    • that the bankrupt’s prospect of obtaining work would diminish even if a vehicle requires repair but will then be used to travel to work or to seek employment.
    The bankrupt must satisfy the official receiver that a vehicle is necessary. If the bankrupt cannot do so, and the official receiver has reasonable grounds for believing that the vehicle is not exempt, he/she is entitled to treat the property as part of the estate and deal with it accordingly.
    Even if you are lucky and it is declared an except asset, then with a car worth £3,500 they would probably still want to replace it with something cheaper.

    With your situation so "up in the air" I think you might have to argue very hard to keep access to a vehicle.

    Have a careful read through the link Tigerfeet gave you, and try to work out what you might argue.

    What will happen to my car?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Just as a thought - if we're turned down for exemption on the car, can we ask the OR for a value and then see if a family member would buy it for us to keep using and give the money to the OR?
    Declared bankrupt on 12/09/2008 @11:56
    BSC no. 196 - My diary thread
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, I'm sure they would rather sell it to your family member than take it themselves, they'll get more for it that way.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Just as a thought - if we're turned down for exemption on the car, can we ask the OR for a value and then see if a family member would buy it for us to keep using and give the money to the OR?

    That would certainly raise more money for your estate since it would not require them to incur auctioneers/agents costs.

    But if the OR does not feel that they had grounds to "exempt" the vehicle on the grounds of necessity, then I think it is quite unlikely that they would permit the running costs in your income and expenditure.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thank you. I was thinking more along the lines of them telling us to replace it with a cheaper model, in which case we'd still have the monthly I&E. Having no car at all would prevent me from earning any income at all from my business which seems a bit harsh.
    Declared bankrupt on 12/09/2008 @11:56
    BSC no. 196 - My diary thread
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