Questions concerning BR

Totallyfedup

Hi,

I'd like to ask a couple of questions:

1. We have a car that's just over 10 years old and probably not worth much for resale purposes but is invaluable to us as the mileage is only around 40,000. Does anyone know if we could be forced to sell it if we go down the BR route?

2. As a married couple, will we have to pay two lots of fees to file a BR? Both of us will have to file for BR as one of our bank loans is just in my name. Besides after reading some posts, banks, credit card companies etc go after O/H anyway don't they?

I apologise if these have been covered somewhere on the forum, I have spent a fair time looking through lots of posts and think maybe my fog filled brain hasn't acknowledged them! Thanks.

wok_boy

Totallyfedup wrote: »

Hi,

I'd like to ask a couple of questions:

1. We have a car that's just over 10 years old and probably not worth much for resale purposes but is invaluable to us as the mileage is only around 40,000. Does anyone know if we could be forced to sell it if we go down the BR route?

Don't take this as gospel though, just what I've read on here unless your car is worth £2k+ it wouldn't really be considered as an asset. My car is 17 years old and I still listed as I wasn't sure whether the OR would be interested or not.

2. As a married couple, will we have to pay two lots of fees to file a BR? Both of us will have to file for BR as one of our bank loans is just in my name. Besides after reading some posts, banks, credit card companies etc go after O/H anyway don't they?

Not sure about this one.

I apologise if these have been covered somewhere on the forum, I have spent a fair time looking through lots of posts and think maybe my fog filled brain hasn't acknowledged them! Thanks.

wherediditallgo

Hi,

I know very little about cars, as I can't drive (except people mad ), but whether you'd be required to sell it would depend on its value & why you need to keep it. If it's needed for work purposes or to transport a large family or disabled/elderly members of the family, the OR will take a different view from a car that's just used for leisure purposes.

As for the fees, yes you'll each have to pay the fees. If you're both working, it works out as £485 per person, but if either or both of you are on benefits you can claim exemption on the court fee part (£150), but you'll still have to find the £335 Official Receiver's deposit portion. Have a search through this forum, & you'll find details of organisations that may be able to help you with the costs - I think some utility suppliers have trusts you can apply to.

seven2seven

If a debt is in both names then yes they will go after the OH if 1 goes BR.

Our OR was not interested in our car (worth about 2k) , we just have to negotiate about the HP left on it.

If you have a CC take the fee money out at an ATM..........I had to and it wasnt questioned. Of course the CC will be 1 of your debts.

Peter_Pan

QUOTE]If you have a CC take the fee money out at an ATM..........I had to and it wasnt questioned. Of course the CC will be 1 of your debts.[/QUOTE]

Is it really ok to do this? would enable us to file much quicker.

fermi

Peter_Pan wrote: »

Is it really ok to do this? would enable us to file much quicker.

If you have absolutely no other way to raise the fees, then it seems (from the experiences posted on forums like this) that many OR's will turn a blind eye to that.

I'm not recommending doing it as such though....;)

Totallyfedup

If husband and wife are both going to file for BR will it be seperate court hearings or will they combine it as one case? This has suddenly occured to me and the thought of having to be on my own frightens me to death. It's bad enough the thought of having to go up in front of a judge with my husband by my side let alone on my own. Does anybody know please?

Totallyfedup

Sorry, again I forgot to thank everyone for their messages, even managed a giggle at seven2seven's comment on taking out the court fees by CC at an atm! That would be surely the ultimate isnsult to injury as far as the CC company are concerned!!! Mind you it's getting to the point where I couldn't careless what they think or say! You'll have to excuse me, I'm feeling very nervous and my head is all over the place.

fiveyearplan

I've heard of several people on here who took the money out of a CC to pay fees and so far I haven't heard that there were any consequences.

fiveyearplan

seven2seven - who are you negotiating the hp on your car with? I have £2,000 left to pay (8 payments but I haven't paid it since June). I think the car may be worth £3,000.

madeliene_2

Both me and my husband filed for bankruptcy today, we had to pay 2 sets of fee's, because we are on benefits we just oaid the costs which were ?£335.00 each £700 in total.

We neer had to go seperate, we both went in together, it took around 10 minutes and that wa slong, it is usually quicker but the the judge was a loely man who was actualy talking to me about my health.