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Selling car to dad to pay for bankruptcy fees...

13

Comments

  • silvercar
    silvercar Posts: 49,986 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    :rotfl::rotfl:

    Made me laugh to think that anyone would buy a smart car to transport ladders, let alone hay and horse feed.

    Thanks for the laugh.:rotfl::rotfl:

    In seriousness, even if the OR allows you to keep the Ford and the Smart is owned by a 3rd party, will the OR allow the running costs of 2 cars?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thanks for clarifying the details. I think you need to be putting forward arguments based on individual needs for them. You for car usage costs for your work journeys and your wife for keeping her car to get to work and take the child to nursery.

    Bear in mind though that others this year have lost a second car, one with children at schools in opposite directions from home and another with second parent nursery/part time work needs as with your wife. So include any and all variants of costs should you be forced down to one car, i.e. how much more expensive it would be.

    Good luck.
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • alastairq
    alastairq Posts: 5,030 Forumite
    but i only paid £500 for the smart last october.

    If you still have receipts, proof-of-purchase, etc...and are brutal with your description, it may be worth pushing to buy the OR's interest in the SMART?

    For sure, it will cost [something]....but given that...if the 'family' car can be exempted as an asset, then the higher running costs can be 'shared' with the SMART...?


    In other words, whole transport usage attributed to family car.....but you, personally, can make savings on fuel usage with the SMART...some of which could offset fixed costs, like VED, insurance, etc?




    A BR can have as many vehicles as they wish......I suspect only one can be exempted as an asset.


    [I had my big car exempted, but purchased OR's interest in my small motorcycle....often using that ..with it's frugality, to offset running costs of big car....]

    In the end, transport costs are an 'allowance' within the SOA, just like any other......how the SOA is spent/distributed is left entirely to the individual BR.

    HAppy Christmas.....
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The OR stated earlier on though that the reason for selling the Smart car to their dad was to raise the BR fees. So if they don't sell they won't be able to go BR and then purchase the BI back from the OR...
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • Hope you all had a good christmas! :beer:
    Right, back to it then... ;)

    I have decided not to go through with the rigmarole of pretending to sell the car to my dad etc etc.

    Having looked at the figures, i've decided to put our case forward for keeping both cars.

    As i said before they CAN NOT force us to sell the family car and only leave us with the 2 seater smart. So its just a case of petitioning to keep the smart.
    As i said, i've looked at the figures for me to get to work & back on public transport and its an absolute joke!
    My Smart uses £130 a month (a bit under actually) in diesel for me to travel the 70 odd miles to work & back every day.
    Now, just the train fair works out at £87.80 A WEEK which is £351.20 a month!!!:eek:
    And that doesn't even take into account the daily return bus fair to get to the station & back, thats around £12 a day extra :(

    I also use my smart at work to do the odd delivery when a customer rings up in a panic and need something after our driver has left.

    So, what do you think? or is it still wishful thinking :(
  • JCS1
    JCS1 Posts: 5,336 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Are both cars owned outright? And how were they paid for?
  • JCS1 wrote: »
    Are both cars owned outright? And how were they paid for?

    Yes, both cars are owned outright. Both pretty old with the smart being an X reg LHD import & the focus 02 reg.
    Both high mileage with the smart at 230000km & the focus 125000 miles.

    The smart was £500 and was paid for with cash from the sale of my old mini. And the focus we have had for a long time, and was on credit, but thats long been paid off.
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    whos name was the finance for the focus in
    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.
  • debtinfo wrote: »
    whos name was the finance for the focus in

    Erm..Pass! It was many years ago.
    I have no documentation relating to it anymore, but I think it was on a cc, which was probably transferred to another card then consolidated in a loan etc etc :(

    You all know how it goes :o
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I think it boils down to who owns which car and proving a personal need for each of them. So if you prove a need for the Smart car but your partner cannot prove a need for the Focus you are likely to lose the Focus.

    Please don't assume the family car will be exempted purely because it is big enough to transport the whole family and the Smart car isn't.
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
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