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How can I stop the OR from taking my car?
Marthiculus
Posts: 1 Newbie
Hi Guys
Looking for a little bit of advice, hope someone can help.
I'm going through bankruptcy, the order was made against mt his week and the OR called me today. I have no assets, no incomings or outgoings (my only outgoings were £100 of bills per month that have now been transferred to being in my boyfriend's name), other than my car which is approx 10 years old and has been valued at £500.
I live with my boyfriend and we have an 18 month old baby. I was advised by STEPchange that I would likely be able to keep my car as I use it for me and my baby to get around, to playgroups, hospitals, etc, to do the shopping, and it's generally my lifeline without which I'd struggle a lot.
However, when I spoke to the OR today he told me that my car was worth £950 according to a website he was looking at (it's been unofficially valued by my garage at £500 due to damage on the bodywork and the fact that it currently MOTs at between £200-500 of work most of the time) and that in addition to this, it was a 'convenience' anyway and that he wanted to take it. He also hinted that he may let me keep it if I could convince my boyfriend or family to make a contribution to it.
I'm not sure what to do here. I want to argue that my car is a lifeline, it's a necessity for me and my baby. But I don't want to upset the OR as my bankruptcy case is otherwise very simple, and I don't want to give him a reason to give me problems. But it seems to me that the OR is being unreasonable, especially given the value of my car. He's asked me to get a more official valuation which I will do, but his tone suggested he only wanted to do this so he could squeeze money out of my boyfriend.
Please help, my life is going to be completely destroyed without my car, but I'm worried that if I fight to keep it the OR may make my life even more difficult.
Regards
Looking for a little bit of advice, hope someone can help.
I'm going through bankruptcy, the order was made against mt his week and the OR called me today. I have no assets, no incomings or outgoings (my only outgoings were £100 of bills per month that have now been transferred to being in my boyfriend's name), other than my car which is approx 10 years old and has been valued at £500.
I live with my boyfriend and we have an 18 month old baby. I was advised by STEPchange that I would likely be able to keep my car as I use it for me and my baby to get around, to playgroups, hospitals, etc, to do the shopping, and it's generally my lifeline without which I'd struggle a lot.
However, when I spoke to the OR today he told me that my car was worth £950 according to a website he was looking at (it's been unofficially valued by my garage at £500 due to damage on the bodywork and the fact that it currently MOTs at between £200-500 of work most of the time) and that in addition to this, it was a 'convenience' anyway and that he wanted to take it. He also hinted that he may let me keep it if I could convince my boyfriend or family to make a contribution to it.
I'm not sure what to do here. I want to argue that my car is a lifeline, it's a necessity for me and my baby. But I don't want to upset the OR as my bankruptcy case is otherwise very simple, and I don't want to give him a reason to give me problems. But it seems to me that the OR is being unreasonable, especially given the value of my car. He's asked me to get a more official valuation which I will do, but his tone suggested he only wanted to do this so he could squeeze money out of my boyfriend.
Please help, my life is going to be completely destroyed without my car, but I'm worried that if I fight to keep it the OR may make my life even more difficult.
Regards
0
Comments
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Put everything down in writing as to WHY you need to keep the car rather than want
have you told the OR's office about the state of your vehicle? they usually use parkers guide & it's hopeless most times would the garage put down in writing the value? sounds to me they are looking at the good valuation rather than poor
dont matter if yours is a simple case or not if they say something you dont agree to fight it..its not just the OR's examiner that has all the questions you can ask & disagree as well
have a read here (around halfway down the page) the insolvency service help guide about what happens to cars
https://forums.moneysavingexpert.com/discussion/1056083
at the end of the day an asset is an asset..they are looking to get any monies they can...could you not ask the receiver a figure for the car (poor condition) and someone family freind etc buy out the receivers interest?? meaning then IF they still decided to take it after your appeal least that was you'd still own itNot quite a newbie as you think
;) (the member formally known as philnicandamy!)
FINALLY a qualified CAB debt caseworker 2015..:p
BSC 58
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Hi, if you do end up having to pay to keep the car I would be factoring in how much it would cost them in recovery/ storage / auction fees ect, I bet they would be lucky to see £50 out of your old banger!
I was so lucky with my OR, she was so reasonable and exempted my car even though I wasn't working because when I find a job, I will need to work around my husbands hours.
If they won't exempt your car or accept a reasonable offer for it you might be best to just let it go, it sounds like it's going to be costing you a fortune soon anyway!
Good luck with everything, the hard part is over now!
H x0 -
Write a detailed, reasoned letter to OR explaining why the car is essential and also the state it is in.
ORs really see to differ on this issue. Mine was worth £1500 and I was allowed to keep it.
Good Luck0
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