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

watcher27

Ineedaname wrote: »

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.

I was assuming that yeah!

The smart is registered to myself, and the focus is registered to my wife.
So technically I own 1 car.

Ineedaname

It's wise not to make any assumptions regarding cars.

Can you confirm you are both going BR?

When you fill out the forms you will be asked if you have use of any other vehicle. So if either of you are insured on the other's vehicle, or have own insurance that covers you to drive other vehicles, and you have the option of driving each other's car, then you'll need to declare that on the forms.

Another very good reason why you need to be able to prove a need for each car individually. Because if you can prove a need for the Smart car but your wife is unable (in the OR's view) to prove a need for hers and she has use of yours... then only one car is required. You may find an OR assumes you each have the option to drive the other's car because you are a family, unless there is a valid reason why one could not drive the other's, such as one car is automatic and one driver only has an automatic licence...

Have a read of this thread of DebtInfo's, might shed some light.

watcher27

Hi Ineedaname,
Yes we are both going bankrupt.

Thanks for the link, it was an interesting read!

The only assumption i was making though, is that i thought the OR would judge each situation differently and fairly?
We would LOVE to go to one car, and have tried to work out the logistics of it on many occasions, but it simply doesn't work on a financial level or is indeed possible.

I think i've made a good enough stand regarding me needing to keep the smart.

And my wife DOES need the focus! We live in a semi rural location with only unpaved country lanes linking the villages together. My sons school is only 1.5 miles away in the next village BUT for my wife to drop him off via public transport and then carry on into work is not possible! For example:
My sons starts school at 9:15am and my wife starts work at 9:30am.
As we are quite rural, the bus only comes every hour, so my wife would need to get the bus at say 9am which would get to the next village around 9:10am, she would drop my son off and then have to wait for the next bus at 10am, which then takes around an hour to get to the town as it trawls round all the villages etc.
She would be nearly 2 hours late for work every day

Realisticly if we lost a car, one of 3 things would happen:
1. I have to quite my job
2. My wife will have to quite her job
3. My son leaves school

The first two options would mean us not being able to afford our mortgage and loosing our home, AND not being able to afford to rent and the third is obviously not going to happen! I just threw it in for dramatic effect

But if the worst was to happen and the OR decides to take a car, would we always have the option of buying the interest etc?

Ineedaname

It sounds like you have a good case for keeping both cars so all you can do is put the reasons forward and hope for a reasonable assessment by the OR.

All this caution is because a few have posted losing their cars recently, one in particular did reason they needed it for work and still lost it. I don't know if it means ORs are getting tougher about cars or just some of them, but I do think it's worth being as prepared as you can be for all outcomes.

If the OR won't exempt both vehicles, they may offer the chance to buy back the beneficial interest, but you may also then not have running costs allowed for. But you should be able to include travel costs to/from work instead and as you say public transport would be more costly than running a car, so that should cover the car costs.

watcher27

Ineedaname wrote: »

It sounds like you have a good case for keeping both cars so all you can do is put the reasons forward and hope for a reasonable assessment by the OR.

All this caution is because a few have posted losing their cars recently, one in particular did reason they needed it for work and still lost it. I don't know if it means ORs are getting tougher about cars or just some of them, but I do think it's worth being as prepared as you can be for all outcomes.

If the OR won't exempt both vehicles, they may offer the chance to buy back the beneficial interest, but you may also then not have running costs allowed for. But you should be able to include travel costs to/from work instead and as you say public transport would be more costly than running a car, so that should cover the car costs.

I think i have a good reason for both, but as you say, caution is a must!

But at the end of the day, it our fault we got in this mess and I'm very grateful that something can be done about it.

Fingers crossed and thanks for all your help

Ineedaname

All you can do is give it your best shot. All the best.

watcher27

Just an update, had my OR interview this afternoon.

He has no interest in either car and has exempted them both :j

He just asked what they were both used for, I said work, he said "thats fine".

What a relief.

IF

Hi watcher27 I'm really pleased for you. Hope your having a drink tonight

Best wishes
If...x

Ineedaname

Brilliant news after all that worry about the cars, over the moon for you. :beer: