Letter to OR re car - please look

raradel

Thanks all for the responses - the OR is aware of the model/age and rough value of the car. The problem lay with the fact that it is my car but it is my husband who is employed and I use it to get him to work. (If we lose my car we cant afford another and he will lose his job - no question).
The only other essential need I can prove is having to get my daughter to her appointments. The car is mine and is soley used by me - to give assistance/transport to OH and daughter.
Ive already sent the letter now and thinking I may not have made that part clear...... pooooooooooooo!

raradel

missymugwump wrote: »

This in mind I think that using your husbands employment as primary reason for keeping it may cause an issue
If it is your car it needs to be proved that YOU need it
Have you posted it yet ?

YES! OH GOD, (PANICK! PANICK! PANICK!)

missymugwump

Ignore me my kids do !!!

Don't know what else to say sorry
Fingers crossed for you

headoutofsand

raradel wrote: »

YES! OH GOD, (PANICK! PANICK! PANICK!)

Don't panic. You can talk to the OR instead. When they get the letter and respond, and the response is negative ,if that is the case, then call them up and plead your case.

Writing letters is all very well but a chat is a different ball game. You have not said "What sort and what it's worth" this is important info. If it's 10 years old and needs an MOT and tax plus insurance and a little work Nod nod then it may be "Bobs your Uncle " and they don't want it.

It all depends on worth, how much can they reasonably expect to get for it, how much is it going to cost them to remove it, and are they going to rid you of a car which in all intense and purposes may get them an IPA.

That is what they may be looking for. In my semi professional opinion , you understand.;)

out_of_cash

hi all,

i have same problem with car insolvency peoplewant it have explained i need this for interviews and work in genaral when i find some car is worth between 1k to 1500 no tax/insurance 2mths mot left need some spraying done to body
by them taking this from me will diminsh my chances of work greatly as its going to take many jsa cheques to replace this car mehanically is sound and there is no way once they have got 1k at best for this in the current climate and are highly unlikely to be able to return enough money to me for a replacement other than a push bike.what a wast of tax payers money

regards

to all out of cash

Merry_Gentry

I hope you do get to keep your car, but I think you need to be prepared to lose it. You say you need it for your daughter's appointments, but if these appointments are irregular, it may be seen as more financial viable for you to use taxis for them at the cost of £28 every now and then, rather than allowing you a car all the time.

The issue regarding your husband's use of the car as I understand it is that this bankruptcy is about you - therefore, it's not really their concern if he can't afford to get a car - it's whether you need a car based on their criteria.

It's not all about how old the car is, whether it's worth a lot of money, etc. It's about whether removing the costs of running the car - insurance, tax, petrol, etc - means that they can get an IPA or not.

If you need to talk to the OR after they receive the letter, I would be prepared to show how often you need to take your daughter for these appointments and/or show that without the car the costs of you travelling on public transport on a regular basis affect your SOA more than the car does.

I really hope they decide to let you keep it, but you need to have a back up plan in place in case they dont.

raradel

Merry_Gentry wrote: »

I hope you do get to keep your car, but I think you need to be prepared to lose it. You say you need it for your daughter's appointments, but if these appointments are irregular, it may be seen as more financial viable for you to use taxis for them at the cost of £28 every now and then, rather than allowing you a car all the time. Totally agree with you thats why Im so worried

The issue regarding your husband's use of the car as I understand it is that this bankruptcy is about you - therefore, it's not really their concern if he can't afford to get a car - it's whether you need a car based on their criteria. This is excactly my problem - the ORs staff are aware that its not needed for my employment and was her who suggested I write the letter basing it on "Domestic grounds causing undue hardship" as with no car there is no income.

It's not all about how old the car is, whether it's worth a lot of money, etc. It's about whether removing the costs of running the car - insurance, tax, petrol, etc - means that they can get an IPA or not. She also considered this and based on my car expenses they would only save £80 per month

If you need to talk to the OR after they receive the letter, I would be prepared to show how often you need to take your daughter for these appointments and/or show that without the car the costs of you travelling on public transport on a regular basis affect your SOA more than the car does.

I really hope they decide to let you keep it, but you need to have a back up plan in place in case they dont. We did have a back up plan until it failed so miserably on its MOT (R reg Escort that is) so much so that Kwik Fit refused to drive it out of the bay and it is now scrapped - this is why I wasnt so concerened about losing my car initially but now that car has gone and we cant afford another Im worried that we're going to be left with less than nothing![/QUOTE]

fiveyearplan

I hope you get to keep the car however I would expect to lose it. If you do lose it you also have to remember how much debt you wiped out - the car may be the sacrifice. If it isn't worth much (you haven't said how much it is worth) the OR can offer it to your OH to buy.

Let us know when you hear.

Merry_Gentry

How much is the car worth? Is there a family member who could 'buy' it from the OR from you, and you pay them back from any surplus you have post br? Can your husband make an offer on it? I think it's a case of waiting to hear back from the OR as to whether they accept what you have said or not, but your husband needs to sort something out just in case. Saving £80 per month plus any other surplus you may have on our SOA could be a step closer to an IPA unfortunately, which as it is over 3 years makes it worth them taking even an old banger sometimes

Lensman_2

This may help. It describes the process from the OR's point of view.
http://www.debtquestions.co.uk/debt_forum/viewtopic.php?t=14954

From that:

Use of discretion

Quote:
The Official Receiver should use his/her discretion to take action which is practical and expedient but which is also in the interest of the estate and of The Service in keeping administration costs down. The facts should be considered on a case by case basis


Definition of the Bankrupts Estate

Quote:
The bankrupt's estate comprises all property belonging to or vested in the bankrupt at the commencement of the bankruptcy except,

• such tools, vehicles and other equipment as are necessary to the bankrupt for use personally be him/her in his/her employment, business or vocation and,

I think Merry and FYP have made a good suggestion here. Could your OH or a relative afford to buy it from your estate? The OR will probably use the Parker's Guide (clicky) Trade valuation for this.