Works van

Hello all
I was recently made bankrupt by HMRC.
I knew it was coming and because it was over £300,000 I was never going to be able to afford to pay it.

I had a meeting with the OR last week where he went through the questionnaire.

He arranged for my car to be collected, it was on finance and there was some value in it.
My question is regarding my works van.
It's five years old, 150,000 miles on the clock and a bit battered from use.
He sent me an email yesterday saying it's being collected unless I pay £5500 through a third party.

I was under the impression I could keep it as it's essential to my work.
We fit kitchens and I need a long van for my tools, the kitchen and 4 metre length worktops.

Where exactly do I stand?

This OR is a nightmare!
Rude and threatening, never lets me get a word in whatsoever.
When he first called me he said nothing about this van.
Now it's as though the world will end if he cannot have it.

Thanks in advance

Comments

  • debt_doctor
    debt_doctor Posts: 4,595
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    Hi,

    Whilst clearly your van is exempt property, It is of excess value.
    Your best move would be to go on a site like Parkers Guide (there are others) and get a unique valuation based upon actual mileage and condition.
    If that's way short of £5.5k then you have something to bargain with.

    If the OR sells your vehicle he will have to provide you (or provide you the funds to obtain) a reasonable replacement vehicle.

    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 ***
  • Jono987
    Jono987 Posts: 185
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    Sounds like you got unlucky with your OR :(

    I read a lot when i first went bankrupt about how each is different, and depending on the attitude of the OR, depends on how much they let you get away with / how friendly they are.

    Not sure if its at all possible to request a new OR?
    Also, are you actually dealing with the OR? When i went bankrupt, the only person i spoke to was the OR's advisor, i never actually dealt with the OR himself

    Goodluck, i was lucky and the women i dealt with was lovely, but i can imagine how hard they can make it if they are not very nice.
  • I'm dealing with his advisor who likes to impress on how much he knows his job and the law.
    He's a failed Business man who's been struck off and his Business dissolved.

    Google is a great finder of facts !!!55357;!!!56397;
  • Flyright
    Flyright Posts: 424
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    The Examiner is doing their job according to the rules. Your vehicle is an asset in the bankruptcy estate and they are taking the appropriate steps to realise the excess value of it.
  • ElliesDad wrote: »
    I'm dealing with his advisor who likes to impress on how much he knows his job and the law.
    He's a failed Business man who's been struck off and his Business dissolved.

    Google is a great finder of facts !!!55357;!!!56397;

    A failed businessman who doesn't owe £300,000, unlike yourself. Nice attempt at a troll thread btw but saying you owe that much to HMRC ruins your credibility. You should have said £30k.
  • normanna
    normanna Posts: 172
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    Of course the OR should try to realise as much money as possible. I'm sure people wince about huge sums being owed to HMRC when vast majority of people pay their dues. I wouldn't expect ORs to be specifically nice - they are trying to do a job.

    You are getting £300k written off and hopefully you will have some excess to pay into your bankruptcy - moaning about your works van or the OR attitude comes across as a bit rich to people I'm sure.

    According to Stepchange website which I suggest you read the max vehicle value they will allow is £1500 with £1k for replacement - I'm sure you could shop around for something.
  • diggingdude
    diggingdude Posts: 2,445
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    ElliesDad wrote: »
    I'm dealing with his advisor who likes to impress on how much he knows his job and the law.
    He's a failed Business man who's been struck off and his Business dissolved.

    Google is a great finder of facts !!!55357;!!!56397;
    Please tell me you wrote that by mistake. I would suspect they are struggling to deal with you and your attitude, if indeed this is a real case
    An answer isn't spam just because you don't like it......
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