Not my car - can they take it?

cuddlycaz

Hi everyone, this may seem complicated but hopefully someone will understand and be able to help.

A couple of years ago my husband left his job as a taxi driver, he has arthritis and couldnt drive 'full time'. He started off working 6 days a week for a long time but eventually even four days was too much and had to leave. It's too painful to drive all day, but not severe enough for any DLA benefit. I have osteo-arthritis and cannot work. I can't get a mobility car because there is only 8 months left on my DLA.

We have been informed by 'Christians against Poverty' that as our debts will be cleared in 19 years that we should go bankrupt. However, the car we had for 7 years failed it's mot in January 2010 and we couldn't afford the £600 estimate (mega welding, brakes) it was really bad! In the september before (2009), my son (who to complicate things he has the same name as his dad) bought a car for £2800. However because ours was knackered, he has let us use it as 'the family car' until we get another one. He lives with us, and likes the car (couldn't resist it when a friend sold it cheap, just the part.ex price he had been offered on his new one) but doesn't use it everyday. I can't walk very far, need a car and if i had of known that bankruptcy was the only option, or that our car was so bad, i would have got a mobility car last year, but our car went downhill unexpectedly fast.

The big question is - are they entitled to take my sons car. We use it 3 or 4 times a week, he uses it offroad at weekends (it's a landrover). We told the insurance company that although we use it most, it's owned by my son and they are okay with that, the owner isn't always the registered keeper she said. But what proof does the OR need to prove it's not ours?
I fully understand that if it was mine that the OR is entitled to it's value, but it must be wrong that my son could be punished for our debt.
Any advice will be very helpful, thanks Carol.

skylight

If its your sons car, then no they cannot take it. I assume your son has the purchase reciept and can prove the payment left his account? Is the car registered in his name? (This isn't essential as long as the rest is proveable).

He can therefore prove the car is his.

cuddlycaz

skylight wrote: »

If its your sons car, then no they cannot take it. I assume your son has the purchase reciept and can prove the payment left his account? Is the car registered in his name? (This isn't essential as long as the rest is proveable).

He can therefore prove the car is his.

Thanks, Skylight. I thought that was the case, but i wasn't sure because the girl at 'CAP' said as we were the 'major users' it could be classed as our car by the OR.

cuddlycaz

skylight wrote: »

If its your sons car, then no they cannot take it. I assume your son has the purchase reciept and can prove the payment left his account? Is the car registered in his name? (This isn't essential as long as the rest is proveable).

He can therefore prove the car is his.

Hi peeps. Just come back from the court after being made bankrupt and need to rant at someone.

We got a very snotty judge, 'didn't you realise you were in debt' "we were managing okay until our son was sexually abused by a neighbour, and until it went to court 6 months later we were victimised, had the car vandalised, my son was suicidal so we agreed it was better for him to stay elsewhere until it was all over and my husband stayed with him in a caravan 50 miles away from the rest of us! It cost a lot, the animal only served 3 months and it was only after that episode that we struggled." 'Do you feel it was worth it? ' getting annoyed now "Of course it was, my son is no longer suicidal, he has a nice girlfriend and things seem fine" 'Have you no sympathy for your creditors?' "Yes, but my family has to come first, when he slit his wrists we did not think- oh we must pay a bill- we thought, right thats enough, he needs to be away from here now! We then missed payments and couldn't catch up, so we contacted Christians Against Poverty who were very understanding. It was CAP who after dealing with us for 18 months advised us to go bankrupt, and it was not a decision taking lightly" 'Your son may have paid for the car but you get the major benefit from it, so i can't think of any reason why you should keep it! I think it should be sold for the benefit of your creditors' "I have a bank statement from my son's bank, he had to go to the bank to withdraw the money, i have a receipt from the seller signed by him and my son' "can your son drive?" 'no, he has agoraphobia' "so you're the main user, then it's your car! Thank you, goodbye" I knew it wouldn't be easy but i'm in tears now.

curly04

Oh honey!

I had problems with my OR - forget it! I put it down to mine having male PMT

dont let this upset you. its over you never have to see that person again! and if your driving down the road and you do see them you can always swerve to hit them

confused76

oh dear sounds awful! it is not very often this happens with a judge, in fact i've only read of this once before on here

have you spoke to the OR today? are they due to call? the OR will be the one to make the judgement about the car. from what you are saying you are using your sons car until you can afford one of your own

deep breaths, forget about the judge...wait and see what the OR says
difficult i know. things will get easier

sorry, not wording this very well, just trying to get my reply in before the forum shuts today for maintenance xx

bat-out-of-hell

The judge is an A$$! if he proved he paid for it, then it is his property, who uses it has no bearing on that fact, unless he gifted it to you, it is not, and can not be seen as an asset of the BR estate.

But, its not the first time i have seen sch drival from someone that should know the law better, and stick to it, not vent his own 'view' because of his personal prejudice on the subject

confused76

thank you bat, i was thinking this, but wasn't 100%

penguin83

Hi Caz, sorry to hear about your experiences at court. It must have made a stressful experience even worse for you.

I appreciate that you may not wish to take it further, however you are able to make a complaint about a judges conduct. You cannot complain to the court as the judiciary are independent to HMCS.

Complaints about a judge’s conduct are dealt with by the:

Office for Judicial Complaints

10th Floor, Tower

Post point 10.52
102 Petty France
London SW1H 9AJ
Telephone number: 020 3334 2555
Fax: 020 3334 2541
Textphone: 020 3334 2668
email: [EMAIL="customer@ojc.gsi.gov.uk"]customer@ojc.gsi.gov.uk[/EMAIL]

www.judicialcomplaints.gov.uk

x x x x

cuddlycaz

Thanks for the positive and friendly replies. It does make me feel better.:T

fatbelly

cuddlycaz wrote: »

We got a very snotty judge,

'didn't you realise you were in debt'

'Do you feel it was worth it? '

'Have you no sympathy for your creditors?'

'Your son may have paid for the car but you get the major benefit from it, so i can't think of any reason why you should keep it! I think it should be sold for the benefit of your creditors'

At my local court, it's the bankruptcy clerk who takes the petition to the judge - the bankrupt hardly ever gets to see him (or her).

I've always thought that to be wise!

The judge's job is to declare whether or not you are insolvent. Everything else then goes to the Official Receiver to sort out.

Yes, you should complain.

On the car issue I presume you completed the section 'Do you have the use of a car you do not own?'

The OR will look into this and determine who the owner is. If your son claims to be the owner and has evidence, I'm thinking it's not your car!

I also note a 'well done' to CAP - sounds like they gave good advice.