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Joint debt

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Comments

  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Hi FP. If your car is only worth £250 chances are it will cost the OR to take it but he will still take it because its a liability issue.

    :j :j


  • Flowerpot_2
    Flowerpot_2 Posts: 690 Forumite
    Liability? :confused:
    FP x
    BR 2/6/2009 - AD 2/6/2010
    BSC member 273
    :A :D
    still not smoking :D :A
    :j
    'Dreams are necessary to life'

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Flowerpot wrote: »
    Liability? :confused:
    FP x

    If the OR can't declare the car an "exempt asset" then it belongs to your bankruptcy estate, not you.

    That means that the OR has the responsibilities and liabilities regarding it. Tax, insurance, declaring it SORN if needed, ensuring it's roadworthy if sold, etc.............. Plus obviously the duty to dispose of the vehicle in a legal way.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Thanks for the eloquent answer Fermi - I was hoping someone would come along to answer that!

    :j :j


  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Hi Flowerpot, If you do not have any assets then the OR makes a loss on your case. However overall the 17% fees from other cases balances the books. The OR is having to cut how much it spends on administration this year as there are a lot more bankruptcys that have no assets this year.
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • Flowerpot_2
    Flowerpot_2 Posts: 690 Forumite
    fermi wrote: »
    If the OR can't declare the car an "exempt asset" then it belongs to your bankruptcy estate, not you.

    That means that the OR has the responsibilities and liabilities regarding it. Tax, insurance, declaring it SORN if needed, ensuring it's roadworthy if sold, etc.............. Plus obviously the duty to dispose of the vehicle in a legal way.

    Ahhhh, so its the OR's responsibility/liability I understand now.

    During my interview it was explained to me that my car (if not exempted) could be bought by a 3rd party from the OR & with their permission I would be allowed still to be the reg. keeper........as I didn't exactly understand this (as ever).....I questioned how I'd be allowed to 'keep it' as I'd still have the running costs etc.,........OR wanted to know about road tax &insurance how long left to run on each & then quickly glossed over my feeble pleas by saying 'you don't have to worry about it for a couple of months anyhow' :mad:

    All becomes clear, thanks Fermi :)
    FP x
    (still hoping for exemption tho)
    BR 2/6/2009 - AD 2/6/2010
    BSC member 273
    :A :D
    still not smoking :D :A
    :j
    'Dreams are necessary to life'

  • Flowerpot_2
    Flowerpot_2 Posts: 690 Forumite
    debtinfo wrote: »
    Hi Flowerpot, If you do not have any assets then the OR makes a loss on your case. However overall the 17% fees from other cases balances the books. The OR is having to cut how much it spends on administration this year as there are a lot more bankruptcys that have no assets this year.
    Ho hum :rolleyes: maybe thats why the Brighton OR is being such a pain in the b**..... me & my old heap are a liability :D
    FP x
    BR 2/6/2009 - AD 2/6/2010
    BSC member 273
    :A :D
    still not smoking :D :A
    :j
    'Dreams are necessary to life'

  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Cars that are very low value and cant be exempt and no one wants to buy it need to be sold or disposed of. As fermi says the costs to sell a £250 car would exceed the value of the car. Over thet last year(might be a bit longer) the IS has struck a deal with cartakeback scheme which disposes of them for free on behalf of the OR so that the OR can get rid of their liability
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
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