OR interview today can anyone help on this one ???

desperate_mum_3

The OR has just phoned and said because I am self employed I have to go in for a face to face meeting with them ...(just when I thought the Worrying would stop ..)
I have a motability car for my disabled daughters use which only costs me petrol but I have an old banger valued at around £300 for my self employed work , the OR asked if I could use the motability car for work as I have 2 or arrnge to buy it back off the OR as it is now their property .... how can i do this as i have no spare money as i went BR ??? Do they expect me to come up with the £300 straight away or can i pay them monthly ????... i phoned motability and they said because it is free car tax it can not be used for work .
I am worried now that the OR will make me sell the old one and then what do i do for work , risk getting caught by the DLA ???? :eek:

fermi

You need to explain all this in your interview. Especially the bit about not legally being allowed to use the motobility car for work.

I posted this in another thread, but I'll repeat it here.
These are roughthly the guidelines the OR works from.

31.2.21 Bankrupt claiming vehicle as exempt property

It the bankrupt's responsibility to satisfy the official receiver that a vehicle is exempt property, i.e. that it is necessary for his/her use personally in his/her employment, business or vocation, or is necessary to meet the basic domestic needs of the bankrupt and his/her family. In the case of a claim for exemption to meet domestic needs the official receiver must be satisfied that the motor vehicle is necessary to the extent that no practical alternative exists, to meet a genuine need and not merely a matter of convenience. If the use of a vehicle does not meet the test for necessity the vehicle is vested in the bankruptcy estate and the official receiver as trustee should instead pursue with the bankrupt the option to make a reasonable offer for the purchase of the vehicle (see paragraph 31.2.34).

The bankrupt's claim should be dealt with at the initial interview in either the narrative statement or in supplementary questions to the PIQ.

The bankrupt needs to be able to satisfy the official receiver that the vehicle is both necessary for his/her employment, business or vocation and is necessary personally to the bankrupt. This does not mean that the vehicle must be used exclusively by the bankrupt but it must be necessary to him/her not just to the other users.

Whether or not a vehicle is exempt property is in some cases a difficult question. In such circumstances, official receivers will need to use their discretion and consider each case according to its merits within the guidelines issued to official receivers. In all cases official receivers should apply the guidance strictly and rigorously. It is for the bankrupt to convince the official receiver that any motor vehicle is necessary within the exemptions. The value of the vehicle is not a determining factor.

31.2.22(a) Bankrupt claims he/she needs vehicle for work

When considering whether to exempt a motor vehicle under section 283(2)(a) the principal points to be considered are;

* whether the vehicle is used by the bankrupt in his/her employment, business or vocation,
* that the bankrupt could not reasonably travel to and from his/her place of employment without a vehicle, due to lack of alternative transport,
* that the bankrupt’s prospects of obtaining employment would diminish without use of the vehicle, even though the bankrupt may not be in employment at the date of the bankruptcy order. In such cases, the official receiver will need to decide whether there is a reasonable prospect of the bankrupt obtaining work,
* that a self employed bankrupt who does not have work at the date of the bankruptcy order may be able to retain a vehicle as an exempt asset if he/she can satisfy the official receiver that there is a reasonable prospect of him/her obtaining work, and
* that the bankrupt’s prospect of obtaining work would diminish even if a vehicle requires repair but will then be used to travel to work or to seek employment.

The bankrupt must satisfy the official receiver that a vehicle is necessary. If the bankrupt cannot do so, and the official receiver has reasonable grounds for believing that the vehicle is not exempt, he/she is entitled to treat the property as part of the estate and deal with it accordingly.

These are guidelines only, and each OR interprets a little differently.

desperate_mum_3

Thanks for info .... i'm terrified of the face to face interview but i have read a fe threads and it seems ok from everyone elase . I have been honest so i'm not sure why i'm so worried ...

Richard_S

desperate mum,

You'll be fine, for some bizarre reason the occasional O.R will try and frighten the pants of people by saying things like that. It would cost more in collection and auction fees than the car would make at auction.

Maybe your O.R has got £thousands of debt but can't declare bankruptcy because of their job and is just taking it out on you because you're now debt free.

Richard

desperate_mum_3

Thanks deep down i know but it is still worrying ...

gettingitsorted

Its only natural to worry DM,im sure the OR must realise that people are going to be nervous on the day ,make sure you take anything you would like clarifiying written down and also any points you would like to dispute such as the car .

tight_jock

desperate_mum wrote: »

The OR has just phoned and said because I am self employed I have to go in for a face to face meeting with them ...(just when I thought the Worrying would stop ..)
I have a motability car for my disabled daughters use which only costs me petrol but I have an old banger valued at around £300 for my self employed work , the OR asked if I could use the motability car for work as I have 2 or arrnge to buy it back off the OR as it is now their property .... how can i do this as i have no spare money as i went BR ??? Do they expect me to come up with the £300 straight away or can i pay them monthly ????... i phoned motability and they said because it is free car tax it can not be used for work .
I am worried now that the OR will make me sell the old one and then what do i do for work , risk getting caught by the DLA ???? :eek:

If Motability say you can`t use it for work then that is that. The other car is for your work and as Fermi has posted the guidelines, they cannot take it as you need it for work. The OR is not allowed to make your situation worse than it is and by removing the car IMO this is exactly what they would be doing.

Go and fight it. If possible, get something in writing from Motability to the effect of "...it is not permissable for this vehicle to be used in connection with desperate mum`s work.."

allofadither

I didn't have a face to face interview desperate mum, but it was suggested to me that if I did I should take someone along for moral support. Maybe you can do that. It might help to calm your nerves. I worry and dither about everything so I understand your concern.

tight_jock

blind-as-a-bat wrote: »

and if all else fails offer a quid :rotfl: :rotfl:
(sorry couldnt resist ill go now)

Wondered how long it would take you BaB........:rotfl:

desperate_mum_3

you lot really makes this all so much better ... thanks for the humour ...it is needed x

tight_jock

blind-as-a-bat wrote: »

i tried not to realy i did but..................i couldnt help it:rotfl:

I know how you feel...I`m desperately trying not to get the TOAD away joke in.......but struggling.:o

:beer: