I knew this BR was going too smoothly...MASSIVE blow yesterday :(

Lost2

Holes_in_my_pocket wrote: »

On the bright side theres no hole in your fence

Not like your pockets holes....:D:rolleyes:

crow

robpw2 wrote: »

hannah9000 wrote: »

Anyway, he said he was going to clamp the car, I promptly told him if he clamps the car I'll put his head through the nearby fence and then I told him to eff off.

QUOTE]
i was feeling for you then i read this...

what a nice person you must be

what you said wasn't nice, and maybe even illegal but to be woken up and have that news broken to you couldn't have been nice, and your reaction I think is perfectly understandable in the circumstances, and I don't think you should be criticised for it.

creditors often act in ways that may be unfair, or even illegal, knowing that it saps you time and effort to fight it. yes, the terms in their contract may be unfair, and overturnable in court, but most people don't have the effort to do that, and creditors know it.

I would have thought that if you have gone bankrupt, it is up to the offical receiver what is done with the car, and I don't see how you can continue to pay the car finance when you are bankrupt as that would be preferential over the other creditors.

tigerfeet2006

Crow, a HP agreement is a secured loan on hte item that is being purchased, in this case a car as a mortgage payment is secured on a house, it is not classed as a preferential treatment as there is in general no equity in the item so of no interest to the OR.

With cars on HP in BR then the OR will have no interest as long as the amount outstanding is more than the value of the car and will usually then declare no interest in the car. He will then either allow the payments on the SoA if they are reasonable or aloow partial payments, with the rest found from surplus or say he won't allow it and you have to find all from surplus. We then come to the HP co,. most have a BR clause in their contracts and will say they will not allow you to keep the car and come and collect quite quickly. Some just say carry on paying and we will let you keep the car.

Photo_Stylus

DaisyChainMaker wrote: »

My car was taken within two weeks of going bankrupt. Which was fine and what I expected. My problem is that the DVLA have written to me today to say that the car has not been taxed (was due end of May), and as they have not been notified of a change of keeper or had a sworn statement that I would be liaible for a fine of eighty pounds. Heeeeeeeelp. x

When they came to collect the car, the guy refused to sign any part of my log book, saying that they take all paperwork and the office sorts it out when the car had been sold through the auctions. I have no proof. Bit worried now x

The new rules now put the seller in the position of filling in the correct paperwork & sending the logbook off. You should not have given the guy the logbook.
I would have sent it to the DVLA, with the OR's details or the finance companies.
You would then have been covered. Write back explaining what happened they should cancel any potential fines.

DaisyChainMaker

Thank you photo stylus, I have written to them today explaining and giving them the OR details. I was aware of the new laws concerning the log book,and had questioned the OR and the people who took the car concerning it, and both told me I had to give all the paperwork to them.

I just hope I don't end up with a fine, I have been doing well since going bankrupt living on my income xx