Phone call from OR 10 months into bankruptcy

bradz2013

So i have a call from my official receiver, asking if i am working etc, which i havent, ive been off with depression and anxiety due to a traumatic personal experience.

Anyway, as a present, from my mum and because i have been going through alot lately, and the fact ive had a newborn, she decided to buy me a car which was aroubd £4000 and has been put in my name, she paid for this car with her own money, and the insurance.

Im getting a bit worried as the OR was askin questions like 'so whos name is it in, who Paid the insurance' etc.

Does the fact that the car is in my name, give him the right to take it from me???

Very worried and now considering putting it into my mums name.

Help on this matter would be very much appreciated.

sniggings

to late now really to start changing names.

If undischarged it could be seen as an asset, all you can really do now is answer the questions honestly and wait and see what your OR decides.

The best option would have been having the car in your Mum's name but as said no point changing it now as that only makes it look like your hiding stuff from your OR and that could get you on the wrong side of them, best to come across as helpful and you will have more chance the OR will over look your mistake.

bradz2013

So it can be taken from me?? Surely they cant do that?!

sniggings

Yes they can, sorry to sound harsh but when BR they can take any asset you have, if you need a car for work or school or hospital or any other important reason then they normally allow a £1000 value car, if the car is worth more then you can either pay your OR the difference or they sell the car and give you back £1000 to buy a car

but your case is slightly different as it was bought as a gift for you so your OR may accept it's a gift and putting it in your name was a mistake, most ORs are reasonable people so there is a chance they will over look this and allow you to keep it.

But as for changing names, even if you do that the OR has the power to claim the car back so no point doing that as it will only make it look worse for you and upset your OR.

Just be straight with them and it should be OK.

bradz2013

What about if i sell it? Honestly didnt realise this was the case. Surely they cant do anything if i sell it?

sniggings

mate it should be Ok just be straight with your OR.

disposing of assets when BR is not a smart move.

fermi

bradz2013 wrote: »

Does the fact that the car is in my name, give him the right to take it from me???

No. If it is still her property, then the OR should not be able to touch it. You having use of it and having it registered in your name does not make it your asset.

However, if your mother has gifted it to you then it would be your property and may potentially be claimed.

If push comes to shove it may be hard to prove that it wasn't a gift, but conversely it would be hard to prove it was if both your mother and you insist it is her property that she is just allowing you to use.

That she provided the funds will help show that it started out as her property, and unless the OR can prove that actual ownership has been transferred, then I would suggest that the OR will likely have to capitulate. hence the questions they are asking.

lawstudent

fermi wrote: »

No. If it is still her property, then the OR should not be able to touch it. You having use of it and having it registered in your name does not make it your asset.

However, if your mother has gifted it to you then it would be your property and may potentially be claimed.

If push comes to shove it may be hard to prove that it wasn't a gift, but conversely it would be hard to prove it was if both your mother and you insist it is her property that she is just allowing you to use.

That she provided the funds will help show that it started out as her property, and unless the OR can prove that actual ownership has been transferred, then I would suggest that the OR will likely have to capitulate. hence the questions they are asking.

Capitulate - never heard that one before but I think I'm going to have to use it now. You learn something new everyday.

bradz2013

What does it mean????

bradz2013

fermi wrote: »

No. If it is still her property, then the OR should not be able to touch it. You having use of it and having it registered in your name does not make it your asset.

However, if your mother has gifted it to you then it would be your property and may potentially be claimed.

If push comes to shove it may be hard to prove that it wasn't a gift, but conversely it would be hard to prove it was if both your mother and you insist it is her property that she is just allowing you to use.

That she provided the funds will help show that it started out as her property, and unless the OR can prove that actual ownership has been transferred, then I would suggest that the OR will likely have to capitulate. hence the questions they are asking.

The OR asked if i walked into the car shop and personally handed over the cash, which i did. My mum transfered the money to me and i withdrew it and paid for the car.

Wi88le

bradz2013 wrote: »

What does it mean????

If you look on the v5 registration document it says this is not proof of ownership, the car is registered In your name so you are the registered keeper only according to the dvla.

If your mum has a paper trail for her buying the car she could still be classed as the legal owner, providing she didn't gift it to you.

Although what you have said to the or may now be crucial if they decide its your asset.