We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Giving away assets ?

Sigh....my mother (who is now in her 70's) has just received a phonecall from her younger sister telling a tale of woe.

She and her husband have racked up a load of debt and apparently the bailiffs are on the way. He wants to sign his car over to my mother and then loan the car back to them.

My mother is owed money by this bunch but there is no paper trail (and it was a long time ago) and they are suggesting that they write to my mother and say that she is now the owner of the car in lieu of the debt but will agree to loan it back to them.

I think this is a bit dubious and surely this loophole has been covered up.

Any idea what the legal position is ?

Comments

  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Not sure why this was moved from the Debt Free Board ... anyway.

    It does sound dubious ... deception? fraud? possibly.

    Apart from that, there seems to be nothing in it for your mum. I know that sounds callous, but she is already owed money by them. Now they are asking her to take a car in repayment, which she doesn't get to keep anyway.

    I think that's taking the !!!!!! - only family would do this.

    For a definitive answer to your question, you could call the National Debtline as they might be able to advise, on 0808 808 4000.

    And then pass the number on to your Auntie & Uncle.

    Cheers
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • billchapman
    billchapman Posts: 98 Forumite
    Many thanks
  • Nicky_3
    Nicky_3 Posts: 92 Forumite
    If this was a bankruptcy situation, the Official Receiver would get the car back anyway and the couple would probably have implications added to their bankruptcy order for deception. Whether or not the same applies to bailiffs, I'm not sure. One thing is sure, your mother is better off not getting involved. It's not her problem, and she can do without having people knocking on her door and giving her grief about a car which really has nothing to do with her.
    Debt is not the be all and end all. There is always a solution!
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 347.8K Banking & Borrowing
  • 251.9K Reduce Debt & Boost Income
  • 452.2K Spending & Discounts
  • 240.2K Work, Benefits & Business
  • 616.4K Mortgages, Homes & Bills
  • 175.4K Life & Family
  • 253.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.