OR call yesterday - car being taken

sundays

What i cant understand and apologies if im being thick , if it is essential for the spouse how can they take it, and the lack of it puts them in a workless suitation out of their control.

singingsister

Fermi and Sundays - yes you are right.

But the OR doesn't seem to care!

All they see is a value against the car that they can have.

How it impacts on our family life seems irrelevant!

The car is in hubby's name because we knew when we bought the car that we would shortly be trying for a baby so thought it made sense to put it in hubby's name as he would be working whilst I was on maternity leave....little did we know what the future held.

We thought that was a sensible move....clearly not!

I am the main insurance policy holder simply because every other year we alternate who the main policy holder is so we both keep our 9+ years no claims. Our insurance company told us to do this! And I do most of the driving (simply because I'm short and hubby is tall and fat - lol. When he drives every thing in the car has to move...the seat, the mirrors, the steering column) because I use the car for work. Whilst hubby is home playing stay at home dad he doesn't need the car!

OK - so I could get to work by public transport (and I'm sure the OR won't see past this) but it will have a huge detrimental effect on our family life and surely that's not fair on our daughter. I applied for and accepted the job I have due to it's location. I was out of work for almost 2 years after being made redundant and now we may have no option for me to give up work and for us to go back on benefits.

Bankruptcy is hard enough on a family and the OR wants to make it worse and take our car....all for the sake of a thousand pounds. We filed for bankruptcy of about 30k - how is one thousand pounds really going to make a difference. If we had a brand spanking new all singing all dancing car I could understand it, but we don't!

Just what our country needs eh - yet another family back on benefits after trying to do the right thing and work?!

debtinfo

Don't confuse some one not caring with someone doing their job and applying the law, you said you wanted hard and fast rules, these are those rules, did you mean you wanted rules that suited your situation?

I think you are asking the wrong question, the right question is what does your husband personally need the car for? That's what he needs to be communicating to the or, if he is telling them that you need it rather than him then he is virtually giving the car away.

Ps I saw lots of cases where I felt sorry for thebankrupt and some where I felt sorry for the creditor, but it does not change the decision based on the facts of the case

tigerfeet2006

Right, let's look at your options here.

First job is to write to the OR and explain everything as to why as a family the car is essential. Perhaps Fermi, Debtinfo or Debt Doctor could help with this.

Second is to see how much your dad will be prepared to lend you to buy back the BI in the car or to buy a new car. While you are waiting for a reply to your letter have a look and see if you can get a better car for the money on EBay or local papers or the various cars for sale magazines. If you can get a better car then if the OR says no then you can say ok then have it, dad can buy new car ( so it belongs to him) and you can have use of it and pay for petrol and upkeep. If you decide to keep the old car then start at a low figure, perhaps a third and then negotiate up.

The OR is responsible for the car until it is revested to you. The money they get for it will go some way to paying the OR's fees.

singingsister

Think my dad is happy to lend us the full amount although the OR did say we can put in an "offer" for the car. But then they said they don't have to accept it.

On a car worth £1100, what would you say is a reasonable offer?

JustinCredibleGillespie

Go for £375. Explain that realistically that is all its worth with the scratches, bumps & dents. I think this is a terible situation to be in and I do feel so sorry for you.

JCG

xx

singingsister

You really think they'd accept that low?

What happens if they don't accept the offer? Do we get a chance to try a higher amount or is that it and the car goes?

Thanks for the support. It means a lot.

tigerfeet2006

I agree start low and gradually up it. Stress that someone is lending you the money and that they can't afford much. Barter until you find a figure you both agree on, you may find that along the way the OR says that he will not accept lower than X amount and at that point you can decide whether it is worth it.

Is there anyway you can argue that DH is going to need the car. Is he having to seek jobs further afield because he can't find work locally?

singingsister

tigerfeet2006 wrote: »

I agree start low and gradually up it. Stress that someone is lending you the money and that they can't afford much. Barter until you find a figure you both agree on, you may find that along the way the OR says that he will not accept lower than X amount and at that point you can decide whether it is worth it.

Is there anyway you can argue that DH is going to need the car. Is he having to seek jobs further afield because he can't find work locally?

We can't use the excuse that DH might need the car to find work as my argument to the OR was that I needed the car for work and for out DD to get to nursery. Surely it won't look good if I change the story.

I can't believe it's come to me bartering for my own car.

Flyright

It's not your car, it's an asset in your DH's bankruptcy, which now belongs to the OR.