Anyone Had An Ipo Imposed In Court??

dingdangdo_2

blind-as-a-bat wrote: »

When you say paid for, from where?, if it was a joint account that both of you put money in you may be able to claim you paid for one therfore your OH doesnt own both, its a long shot but..........

It was bought in cash, was out of OH's acc - not that anyone could prove who's cash it was I'm sure. Was 4/5 years ago.

blind-as-a-bat_2

And thats the problem in proveing ownership, especially in a partnership or marrage.

The OR will look at it by the fact shown on paper, where in some situations that does not always prove anything, but unles you can show anything to the contrary they ae allowed to get away with it.

If we where looking at this in devorce law all assets are deemed as joint as in most relationships thats how it is, unless there is proof to the contrary yet BR seems to ignore this fact

as you say it was along time ago so if there is no paper trail then ownership cant be proved, as you may have given your OH the money to go get you a car, but cant prove it, but if he cant prove where the money came from either then the only sensible conclusion to come to is that they are joint assets between you and your husband

But as i said the OR will presume ownership on the strength of the V5 unless there is evidence to the contrary

I wonder if a judge would agree?

dingdangdo_2

It seems crazy though, logic has to come in somewhere surely?

blind-as-a-bat_2

You would think so but the OR doesnt do logic only proof but to asume that both cars are your OH just on a V5 is a very weak argument as that is not proof of ownership, so unless they have any other proof there argument of dissalowing one car for that reason is flawed.

as it sounds like you may be seeing a judge soon why not ask him/her there opinian on the situation, maybe they will take a more logical view if you put it to them correctly;)

dingdangdo_2

Don't you just love the OR office.

thisischristine

dingdangdo wrote: »

Ahh, well all of the above is in OH's name. He collected, paid for and registered car in his name. Where does this leave us?

Why don't you just transfer the registration into your name at the DVLA?

tigerfeet2006

Because he is not allowed, this would be deemed as getting rid of assetts at under value by the OR. Aint it great!!

dingdangdo_2

Well we had a letter back from the OR last week and basically they were really s**ty with us, said that they are sending agents round to take the car as no third party offer has been made! Also say that they have dealt with all our queries and we don't understand the severity of going to court. Really knocked us about. They want £220 IPA pm which as I have already explained we can't afford. Angry about the 3rd party offer thing as it was mentioned in a letter but we had no idea how to go about it, naive maybe but having never been in this situation before its not easy to know the procedures.

We have written back and offered £100 for the car, valued at between £300-400 but prob worth even less than that - seriously its a mess! Explained that we did not realise that I could just make an offer in our letter, could kick myself for not doing it but I honestly didn't realise that was how it worked. Thought she was just letting us know that we might be able to make an offer at some point, not that she wanted it now.

We have re-submitted our SOA AGAIN and then shown the figures if they take the car and both sets leave negative disposable. We just can't see where she is getting that we have about £500 spare a month - they just won't explain it. Always get tiddly bits of info on individual items but never a full updated SOA from them. We ask but they ignore.

Anyway, we are so stressed about it its ridiculous, if they try and impose this I am am going to go part time at work because they can sod off if they think that for one second I am going to work full time to pay them, may as well use the time to spend with family, sorting out my health and have the same cash left each month. I just can't take the stress. What annoys me is that we earn an average wage, both work hard, try to get by and we are just treated like crap, I know we messed up initially but i feel really victimised now, like we have to be punished. If we had a child or I was unemployed we would have had this sorted out now I swear. It makes me want to jack in work and my OH, sell up, rent and go on flaming benefits! This country is pushing people to this, what is the point in trying to work and sort yourselves out. Other than pride, which unfortunately I have too much of. I'm just fed up of being treated like a millionaire criminal!

wherediditallgo

Hi, sorry it's going so badly for you. Your OR seems absolutely fixated on you paying an IPA you can't afford. You've submitted another SOA, & hopefully that will finally clear the fog from their eyes. If it doesn't, I honestly think your best option will be to let the matter go to court, so that everything's out in the open.

When you go to court, make sure you not only bring all your supporting documents (including details of how many times you've submitted your SOA), but also point out how unclear the OR has been with what they wanted from you, so you didn't meet their requirements out of genuine ignorance rather than bloody-mindedness on your part, & also explain just how difficult you've found it trying to give the OR what they want given the other things you've had to deal with. I can't promise the court will see things your way, but at least the judge will see just how unreasonable the OR has been, & that at least should work in your favour. Good luck.

dingdangdo_2

wherediditallgo wrote: »

Hi, sorry it's going so badly for you. Your OR seems absolutely fixated on you paying an IPA you can't afford. You've submitted another SOA, & hopefully that will finally clear the fog from their eyes. If it doesn't, I honestly think your best option will be to let the matter go to court, so that everything's out in the open.

When you go to court, make sure you not only bring all your supporting documents (including details of how many times you've submitted your SOA), but also point out how unclear the OR has been with what they wanted from you, so you didn't meet their requirements out of genuine ignorance rather than bloody-mindedness on your part, & also explain just how difficult you've found it trying to give the OR what they want given the other things you've had to deal with. I can't promise the court will see things your way, but at least the judge will see just how unreasonable the OR has been, & that at least should work in your favour. Good luck.

Thanks for your response, I was going off on one earlier, just sick to death of all this. Our OR see's us as a single couple, both working therefore we MUST pay an IPA regardless of actual finances. I've read some threads on here and it wound me up because I actually read that someone was allowed to keep a car worth loads more than ours and the only reason was that they were looking for work. Just because I already have a job it seems I am not allowed to move from it!