Conflicting advice please help

Reidy1982

Hi everyone,

I have been filling in my debtor application pack to apply for BR. I was told to see someone at citizens advice and i had an appointment made which was this morning. Everything went well but on one of the sections in regards to a vehicle i left CAB Confused.
I have a mobility vehicle which is leased (Not purchasing it through the scheme) Questions 16 on the debtors application pack is Do you own a vehicle? and then the next question is if u ticked yes is the vehicle provided under the motabiliy car scheme. The gentlemen at cab took the form from me and went into the offices leaving me in the waiting room saying he wanted to check what the law said to this question and asked a collegue and when he came back he had filled that section in for me saying no i dont own a vehicle and told me i didnt have to fill the section in as i only lease a vehicle through motability not own it. I felt rather unedge about him doing this as i was worried it may backfire on me, it was bugging me incase it causes problems. I called Money advice scotland and i spoke to someone in regards to the same question when i came home and they told me I had to tick yes even though i dont own the vehicle in question i lease it from Motability so the car is in my name and to provide my motability agreement. They told me not to tick no and to change the answer to yes.

Now i'm confused about whole thing as ive had conflicting advice and i'm worried it may cause my application to be rejected if i dont fill it in correctly.Has anyone had experience in regards to these questions?? that could help me.

NeverAgain_2

Some of the confusion might be because Motability offer both leases and hire purchase, although most people lease as you are.

I wouldn't worry too much, you are being open and honest so have nothing to fear.

Take the Motability agreement with you to the court and let them sort it out.

Reidy1982

Just spoke to national debtline and they told me i wont be able to renew my car on disability whilst being bankrupt? is this right? They said i can keep a car going on mobility but they frown upon a new car lease whilst BR. Has anyone else had a issue renewing there car??

PippaGirl_2

Reidy, your CAB advisor was right in the way you have filled in the form. I've not heard of not being able to hire a car using your DLA because you are BR, your DLA is there for your disability so I can't see it being a problem.

Reidy1982

Thank you pippa i am getting conflicting advice all over the place now and its really rather upsetting.

I thought that myself so that is why i was so suprised when the national debtline women said it to me. Because my car is paid direct from my benefit and i can provide the information to a OR that the car does not belong to me. Thats why i wondered if anyone else had issues renewing whilst br. I have contacted motability by email to see if they can shed some light on this.

PippaGirl_2

Contract hire variable lease agreement
The vast majority (95%) of vehicles funded under the Motability Scheme are by way of a contract hire variable lease agreement. Where a vehicle is supplied under such an agreement the individual is never the legal owner of the vehicle, and neither the vehicle nor the agreement is capable of vesting in the bankruptcy estate. On that basis the official receiver has no interest in the vehicle and is not in a position to object or consent to the individual keeping the vehicle.

The above was taken from here http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/freedomofinformation/technical/casehelpmanual/M/MotorVehicles.htm

National debtline don't know what they are talking about, what a shame. You should be fine with your car, it's not yours and it is there for your disability.

mysterio_2

Brother had motability vehicles both before and after bankruptcy with ZERO issues...he listed his on the paperwork in the "have you use of a car" bit, the receiver dealing with his case didnt say a thing about it

motability however will ask if you inform them BUT as I said my brother went bankrupt in march 2007 with a motability car and picked his replacement new one up in april..no issues at all

coolcait

Reidy, why don't you phone the Accountant in Bankruptcy, and ask them? They are the people who will decide on your application after all.

It sounds to me as if your answer is that you don't "own a car", but you need to tick the box which says you "have the use of a car".

But, why not put your question to the people who are going to decide on your application? Even if you do it anonymously.

Sorry, meant to give you the telephone number! 0300 200 2601