Car to be taken..

fermi

Very worth reading.

http://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch25-36/Chapter30/Part%206/Part%206.htm

fermi

Euphoria1z wrote: »

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?

Unless exempted it would be part of you BR estate and AFAIK the OR could get warrants for seizure or similar etc. It's their property not yours in that case.

Not sure if it could go as far as contempt of court with the potential for arrest and custodial punishment, but non cooperation would certainly be a given for grounds of a an indefinitely suspension of discharge. The OR has enough options and powers that it's a battle you are only ever going to come firmly 2nd best in.

debtinfo

SteveABC wrote: »

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

Oh there is generally consistency , what is different is the circumstances of the bankrupt's needs and the vehicle. although this case is a bit of an oddity.

debtinfo

Euphoria1z wrote: »

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?

The car automatically transfers to the bankruptcy estate and so the OR can pick it up any time they want. If you were to hold the car somewhere that the OR could not access it you would be illegally holding the OR's property which might slow the OR down as they couldn't break in somewhere but they could take the same actions through court to recover the property that anyone could if someone was illegally holding their property.

scottishsodapop

i would argue your case with or ours said no to everything until we argued and asked to speak to some one higher up .
Every six months tried for more money on ipa . even tried to tell us we had underpaid ipa and they would extend payment time
I honestly didnt think she had a clue deffo argue your case

NINANinja

Seems unreasonable to me. Feels like a kind of punishment, rather than the OR acting to secure assets for sale. Will you be paying an IPA? Is the OR trying to remove running costs for your car from your SOA?
I'd like to see an OR walk an hour to work in the middle of he night!
Defo appeal. Don't be afraid to stand up for yourself, you've done nothing wrong. You are legally entitled to declare yourself BR.

caz2007

That's crazy I would def argue.. Both me n my partner went BR in April 2013 n have 2 cars both worth approx £1300 she did say would have to check into it n I was a stress ball for a few days till thru debt letter saying no interest in raising either of them ... Ready give was the cost to remove it ftom us n auction it would leave littke value in it so deemed not I. Their interest