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Can I keep the car if.....

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Comments

  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    very inconsistent in my opinion

    thats the key...no OR is the same as another at the end of the day
    We all die. The goal isn't to live forever, the goal is to create something that will
  • Rylynn
    Rylynn Posts: 1,387 Forumite
    Yes Phil and they are probably not the same two days running either to make it even worse!
    Some Days are Diamonds Some Days are Stones,
    Sometimes the hard times won't leave me
    BSC 162:beer:
    Banktupt 22 Oct 2008 at 10am!
  • stevelinz
    stevelinz Posts: 180 Forumite
    Rylynn wrote: »
    Can I ask something probably stupid here, when do you discuss your car with the OR. I know on the day in court I will have a phone call in the court in a room with the OR, do I mention my car at that point and my new bank account, I am told the OR will have no details of the case in front of them as they will still be in the court house?:confused:

    The last thing I want to do is pee the OR off the first time I speak to him/her, but I feel a bit nervous about what I ask at this point, can someone who has been through this stage please give me some advice, this is not the interview I am told that is usually face to face later, not sure if I get that date on my phone call with them or what?:confused:

    I know the car is a grey area, in the parkers guide does the OR look at the private prices, ie private good and poor. :confused: If so mine is not in brill nick so looks like £950 and to be honest with the state of car sales I reckon it would be pushing it to even get £950.

    Sorry that is more than one question!

    I discussed my car with the OR at the interview stage a week after my court appearance. The car was on my BR forms but no assets were discussed at court, Just a question regarding my bank account.
    The chat with the OR at court is usually with a assistant from the OR's office who asks standard questions.

    As before the OR looks at the need of a car to you and your family, If you can prove that it is needed and not a luxury then you may be lucky and keep it. But nothing is certain until you receive the letter from the OR saying it is exempt
  • Rylynn
    Rylynn Posts: 1,387 Forumite
    Thanks Steve, I have been told the contact with the OR on court day is via phone while still in court house. What type of questions do they ask you at this point? Just so I have an idea.

    On the car, yes I do need it for work, without the car I would need to get taxis due to ill health, which would cost far more than my car will cost.

    However I have come to terms with if they take it they take it, my health right now is far more important than any car. Having said that I do not want to give up work, I have already had to go part time due to the illness, hence going BR, as IVA failed.

    Thanks again though, as someone said oh mention it to the OR on the phone and I felt that was going to be a bit awkward, just made BR and 1st question is about the car!

    The car is certainly not a luxury, it only gets used for work, doctors hospital and to shop for food. I really do not go anywhere else in it, oh the school on parents evening.

    RL
    Some Days are Diamonds Some Days are Stones,
    Sometimes the hard times won't leave me
    BSC 162:beer:
    Banktupt 22 Oct 2008 at 10am!
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker

    Car 2. 2004 ford fiesta tdci had £3100 finance outstanding on the car. Parkers vlaue on it was £2900 in poor condition.(its not but thats what the OR based her numbers on) was paying £101 a month on it.

    Car 1 is being taken by the OR and I can keep car 2 and the finance has been put into the Bankruptcy so i don't have to pay for it any longer!
    So i get the car and have to pay nothing.

    This will have been because the finance was just a personal loan, not HP, otherwise the vehicle belongs to the finance company. Many agreements 'pretend' to be HP, and have the vehicle reg on the agreement and state that " the title of the goods does not pass to the purchaser until all payments have been made". Black horse and Fiat finance are good at this, Ill now add Ford to the list too !

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Queen
    Queen Posts: 788 Forumite
    Hi I have my 2nd appt with cccs tomorrow will then decide what to do about BR my mum, said she will lend me the money to go BR but still worried about the car as no car no job
  • shadowdragon
    shadowdragon Posts: 1,686 Forumite
    Queen wrote: »
    Hi I have my 2nd appt with cccs tomorrow will then decide what to do about BR my mum, said she will lend me the money to go BR but still worried about the car as no car no job

    If you need a car to get to work the OR wont leave you without, they cant take your livleyhood away from you, worst case scenario would be they say you have to get a cheaper car to use.
    "Well, that sounds like a pretty good deal. But I think I got a better one. How about I give you the finger, and you give me my phone call"
    "There is no spoon
    "

    ~~MSE BSC member #172~~
  • Rylynn
    Rylynn Posts: 1,387 Forumite
    Thanks for that info shadow, on companies saying it is HP I think the company I had mine from lied on that as well, will look out for you which company it was then maybe a sticky can be made for people at the top to check these things out.

    I only know I was told in IVA that the loan was NOT secured against anything and they were lying about it.

    Will explain more when I have the details to hand.

    RL
    Some Days are Diamonds Some Days are Stones,
    Sometimes the hard times won't leave me
    BSC 162:beer:
    Banktupt 22 Oct 2008 at 10am!
  • Queen
    Queen Posts: 788 Forumite
    Ho spoke with insolvancy help line who advised that the figure for the car if they make this exempt is between £1500 and £2000 so we have to be prepared to loose the car, not if I want to do that having my 2nd appt with CCCS tomorrow.
  • Queen
    Queen Posts: 788 Forumite
    Really worried about losing car I know its only a lump of metal but have been told that they are most likey to sell car we need this for work, surely if the limit is £2000 and the car is only work £2,500 there will probablt not be anything left for credits once they have taken fees for selling
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