CAB refuse DRO.

jimmyjoker

Firstly can I opologise to anyone I have upset and my behaviour towards you the other night. And a big thankyou to all who have posted here. Sorry I blew my top but Im sure you all know how the pressure of debt can affect your thinking, let alone your life.

You say the answer is easy but I cant see it. What I can see is on paper it looks to me like have I deliberately sold a car/asset before the s**t hits the fan.

I dont know where I go from here, I will probably just wait for them to BR me.

wba31

jimmyjoker wrote: »

Firstly can I opologise to anyone I have upset and my behaviour towards you the other night. And a big thankyou to all who have posted here. Sorry I blew my top but Im sure you all know how the pressure of debt can affect your thinking, let alone your life.

You say the answer is easy but I cant see it. What I can see is on paper it looks to me like have I deliberately sold a car/asset before the s**t hits the fan.

I dont know where I go from here, I will probably just wait for them to BR me.

An intermediary is simply going to need to see evidence that satisfies for them that you never parted money for the car in the first instance.
can you remember the approximate date the car was signed to you? get bank statements for that period showing no transfer or large withdrawal of cash was made.
a long shot is do you still have contact with the ex/previous owner. Can this person provide evidence they bought the vehicle, maybe a dealers receipt? can they give a written word that they signed the car over to you and no money traded hands for the purpose of it being used by your daughter?

jimmyjoker

wba31 wrote: »

An intermediary is simply going to need to see evidence that satisfies for them that you never parted money for the car in the first instance.
can you remember the approximate date the car was signed to you?
No but with a bit of digging I could.
get bank statements for that period showing no transfer or large withdrawal of cash was made.
I could DPA the bank for my statements but as you will know they have 40 days to comply. Not sure I can hold off this debt for that amount of time but its deffo worth a shot.
a long shot is do you still have contact with the ex/previous owner. Can this person provide evidence they bought the vehicle, maybe a dealers receipt? can they give a written word that they signed the car over to you and no money traded hands for the purpose of it being used by your daughter?
Yes I do and luckily I am the only member of my family who has not fell out with him. I am pretty sure that if I asked him to put in writing that he transferred the V5 into my name and no money/rewards changed hands he probably would.

So if I turned up in your office with
1) My bank statements proving no withdrawals at that time, or within 3/6 months either side of the transfer date.
2) A letter stating from previous owner that no money changed hands.
3) The rest of the application was in order.

You would approve the application?

I really thought my DRO was dead in the water because if the boxes ticked about giving away/selling an asset it would be a waste of time and money and would be revoked.

wba31

jimmyjoker wrote: »

So if I turned up in your office with
1) My bank statements proving no withdrawals at that time, or within 3/6 months either side of the transfer date.
2) A letter stating from previous owner that no money changed hands.
3) The rest of the application was in order.

You would approve the application?

I really thought my DRO was dead in the water because if the boxes ticked about giving away/selling an asset it would be a waste of time and money and would be revoked.

If you provided those 2 pieces of evidence to me, and all was ok, I'd have no issue putting the order in, and I wouldnt be saying you gave away an asset because to me you would have proved that the vehicle was never really yours. I would ask you if I can photocopy your evidence to keep on file IN CASE the Insolvency Service conducted an investigation, but so long as the evidence had been presented in the first instance, I shouldnt see a problem with it.

Please bare in mind however that all intermediaries will have a different protocol on doing things, so Fatbelly or Immoral may say that where they work it might not happen like that, but the evidence is the all important bits of paper.

debtinfo

Hi jimmy quick question. Who in your opinion has owned the car between when they separated and now

wba31

debtinfo wrote: »

Hi jimmy quick question. Who in your opinion has owned the car between when they separated and now

not sure i understand the point of this question?

debtinfo

very simple, it is hard to prove a negative, ie difficult to prove you dont own something, it is much easier to prove a positive ie who did own it, so to start with a simple question that any reasonable person looking at this case would ask, who owned the car for that period. To my mind there are only 3 options the OP, the daughter or the partner, so once the OP decides who he thinks did own the car then he can look at showing that to be the case

jimmyjoker

There has now been what I consider a major developement so I really dont want this thread going off on a tangent about the car.

debtinfo wrote: »

Hi jimmy quick question. Who in your opinion has owned the car between when they separated and now

In my eyes and according to jimmys law lol, there is no doubt in my mind that my daughters ex, was and still is the rightfull owner of this car. It was given to me with no strings attached (which in law could I suppose mean its lawfully mine). So my answer to that is her Ex. But I am gonna contradict my self some-what in the next post.

But I cant deny the power of the V5 because once, I took out a bank loan for £2,000, brought a car for £2,000 on my best friends behalf and let him pay me back per month but I stupidly let him be V5 name. He was left owing £500 and did a disappearing act, I go to the police and explain and although I could prove my loan and purchase and payments they said if I reposess the car and he reports it missing/stolen that I would be done for take and drive away (stealing).

Never saw the car or my £500 again, so dont under estimate the name on the V5.

jimmyjoker

My daughter and her new partner have now become fully aware of my financial situation and my dilema with the car reference the DRO. They are going to pay me £1,000 on friday for the purchase of this damned car. I have no option but to accept.

Problem. Parkers price guide is saying that poor condition (which it is) is value £2,000 but the engine management light is on and the paint work looks like its been through a sand blasting machine. Mr trader is back in 2 days, is it worth him having a look/valuation?

Contradiction from last post. If mr Ex had at any point wanted the car back for any reason other than sell to spite, I would have gladly signed it back to him. He does not want or require this car and can well afford to lose it, which is why he initially signed it over to me anyway.

Theres no doubt in my mind that if he knew my circumstances he would say best of luck to you jimmy. Hes a lot of a gossiper and I dont ideally want him knowing my bizz. I do not feel one bit guilty about accepting money for this car.

But what do I do with the money?
1) Blow the lot and have a merry christmas?
2) Book a holiday abroad for next year?
3) Divide it proportionately between the 3 debtors?
4) Wait for advice from here?
5) Is it still possible to do a DRO?
6) Use £700 of it to BR myself?

Note to Intermediaries.
Ignore 1 and 2 Im only joking but hurry hurry, fridays approaching lol.

immoral_angeluk

It's worth noting that the advice given re transcations at undervalue also applies to bankruptcy. However, a transaction at undervalue will not cause a bankruptcy to be refused or revoked, but may lead to you getting a bankruptcy restrictions order.

As said before, the v5 does not prove ownership. You have said the car was gifted to you so as far as I would be concerned you are the owner of the car. Any money received over £300 will mean you are not eligible for a DRO. You can use that money for ESSENTIAL expenditure, for example if there are repairs you need to do on the car or you need to pay priority bills for example. If after essential costs the money is then less than £300 (baring in mind you need £90 for your DRO) then you could still be eligible, but you would need to satisfy the OR than no serious transaction at undervalue has taken place. Even if it has, it doesn't neccesarily mean a DRO would be revoked or refused, but it would mean they would look into the circumstances further and then make a decision on how much of a detriment to your creditors that transaction has caused.

As you say, worst case scenario you could also go bankrupt with the money, but then that opens up a whole different kettle of fish.