| T O P I C R E V I E W |
| Anna04 |
Posted - 19 February 2010 : 11:40:32
My ex-husband has gone bankrupt leaving me with all the debt.
I had a letter this morning asking about the family car that is in my name on the log book.
He has told the OR that he bought the car and it is his. It was a joint asset of the marriage which I kept. But I have no paperwork to back this up. We were unable to do a consent order because he was so abusive and agreesive that he would not have signed one.
I have to provide evidence of where it is, etc.
My solicitor says he has never heard of this happening.
How can he do this? And does anyone have any clue what is likely to happen?
I have 3 small boys and live in a very rural area. The car is valued at £2000 but is needed by me for work.
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| 10 L A T E S T R E P L I E S (Newest First) |
| angelhelp |
Posted - 11 March 2010 : 14:42:30
**Spam - post deleted** |
| Anna04 |
Posted - 23 February 2010 : 16:19:30
Update:
Spoke to someone at the OR office today and they said that I have to prove it was a joint asset to begin with. The fact that he has not set foot in the vehicle in 13 months doesn't make a difference.
If I can't prove it is joint then it will be taken as his asset and removed from me.
If it is deemed to be joint, then I may be able to buy him out - no chance - or may be entitled to half of the value when it is repossessed as I am not bankrupt.
Long and short of it is that I am more likely to lose the car than keep it.
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| Anna04 |
Posted - 21 February 2010 : 15:29:37
I have emailed the OR and explained that I have the evidence to prove the car has been in my possessionfor 13 months.
I have also requested a quick response as I am in court on Wednesday for access to the children which can only happen in a contact centre, which I will not be able to attend without a car!
I don't want to appear to be an difficult mum, but how can I make a contact centre if I have no car?
Also pointed out that I need the vehicle to work as my business depends on my driving to pick up supplies. Hopefully it will stay here.
Thanks for the support, I will post what they say when I get an answer.
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| Richard P |
Posted - 19 February 2010 : 19:23:10
I would say that you have enough information to say the car is yours.
Get him taken off the insurance asap
The OR is enquiring incase he purchased the car minutes before going BR and has tried to hide an asett.
do not do anything with the car except drive it
happy motoring regards Richard |
| Anna04 |
Posted - 19 February 2010 : 17:23:23
Found insurance and he is named driver cos I forgot to take him off!
But I have had sole use of car of over a year now.
Just to produce everything I have and hope it stays here!
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| Anna04 |
Posted - 19 February 2010 : 17:11:00
I pay insurance and petrol reciepts
I can dig out MOT payments and I don't think he is a named driver.
Car was bought in 2007 for my childminding job and I have kept it because of having 3 kids. But I need it for work and we live in a rural area. I am in court with him next week for access to kids and he is only going to get a contact centre which I can't get to without the car.
Ok I will dig out all the paperwork and get onto the OR on Monday.
Thanks so much Richard
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| Richard P |
Posted - 19 February 2010 : 15:12:01
Hi Anna
can you show petrol receipts , car insurance, car tax or any repairs services which have been paid from your account
is he a named driver on the insurance
when was the car purchased, (if just before seperation and BR I can understand the letter)
he would have had to declare the car on the BR application as there may have been a paper chain showing the purchase?
as long as you can show your dependancy on the car, and in effect it is yours you should be able to keep car.
The official receiver is by nature suspicious they need to check that the transaction is as you all say it is
good luck and regards Richard |
| Anna04 |
Posted - 19 February 2010 : 13:57:28
Having looked through my forms I am guessing that he put that his loan paid for the car and therefore the car is his, so I don't have a leg to stand on that the car is a joint asset of the marriage.
At least I won't have to declare the car anymore when I go bankrupt I guess cos they will have already taken it!
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| Anna04 |
Posted - 19 February 2010 : 12:52:16
That makes sense, but he is my ex-husband and the car was bought jointly during the marriage.
I have had the car since he left last January and need it for the kids and my work.
So how can he now decide that the car is his and include it?
He will claim he needs it for work, but it is in my name and was a joint asset of the marriage. We were divorced last June and car has remained with me.. I am dumpfounded!
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| Jane.l |
Posted - 19 February 2010 : 11:57:34
mm, looks like the OR is trying to establish exactly who paid for the car, it does not matter who is on the log book, it is whoever paid for the car that is the owner.
So, if the car is your husbands and he has gone bankrupt, then the car will be seen as one of his assets.
I would wait for one of the expert's opinions but if the car is established as your husbands and the OR decides that he does not require it for work purposes, then it may be taken by the OR |
