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Car to be taken..

Hi, I was made BR on 13th March and had my interview on 16th April and just want to tell everyone that some OR's WILL take your car regardless of it only being worth about £300. I leave the house at 4.30am for work so can't use a bus as they aren't running at that time and its over an hours walk to work, not something I would want to do in the middle of the night!! but she still took my Ka. Her reasoning was that I can 'share' my husbands car even though he does shift work and has already gone to work before I get up. It means I have to get up now at 3am to take him to work, come back home and watch the clock go round till its time for me to start getting ready. If this wasn't bad enough my OR has no intention of selling it but is SCRAPPING it!!!! :mad: My question is could my husband buy me another little run-around and keep it in his name or is this regarded as a big no-no??
(as a new BR I want to thank you all very much for all the brilliant info, it has certainly made everything a bit less daunting!):rotfl:
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Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    No reason why not.

    OR should really have given you the option to buy their interest in the car for a small or nominal amount. And to be honest, if you need the car I would have challenged the decision to claim it anyway. People have done that in the past and prevailed.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Old example but...

    -> Rant over car and OR

    resolved here -> Hurrah! Car joy & Report question
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thankyou, that's given me a couple of options as the car isn't going till next week.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi,


    From what has been said, I would feel a formal complaint coming on. It is indeed true that the IS will potentially take a non exempt car regardless of value, seems like a demonstrated need here, and was you offered the option of purchase?


    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Flm67
    Flm67 Posts: 62 Forumite
    Not sure if it's just me but I feel that a female OR is much harder to deal with and a lot tougher than a male OR.
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    ok so baring in mind that we dont know all the circumstances, it does seem that there is a case for exemption here given that you need to get to work, public transport is impractical and the other car in the household is needed by the other member. for exemption to take place you should claim it as exempt preferably in writing. Therefore if i was you i would ring up on monday and ask for the name of the AOR assigned to your case and then write a letter or email to ask for the exempting of the vehicle to the AOR setting out your reasons why the vehicle is necessary. I would also ask that they take no action until the AOR has replied in writing.
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    AOR = Assistant Official Receiver if memory serves? i.e. the case examiner's line manager in effect?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Hope all goes well with this one - based on the info given it does seem a nonsensical decision and one that should be overturned.
    AD March 2014
    rebuilding my life :grinheart
  • SteveABC
    SteveABC Posts: 184 Forumite
    That seems really harsh and you should appeal or ask for reconsideration.

    There doesn't appear to be much consistency over cars with different ORs.

    Mine was worth £1500 and it wasn't an issue (2011).

    Hope you get something sorted to your satisfaction.
  • Euphoria1z
    Euphoria1z Posts: 952 Forumite
    out of curiosity, how do they take the car away anyway? a tow truck? what happens if you don't hand over the car? is it reffered to the police? what if they never find your car? whats the worst case scenario if you don't play ball with the OR? indefinite bankruptcy with no discharge? or jail?
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