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| T O P I C R E V I E W |
| stuart30 |
Posted - 24 September 2010 : 18:59:49
Can i ask for OR too be replaced with someone else.
Maybe an odd question but i feel my OR isnt doing his job properly,after seeking advice here regards loosing my Car ive both emailed him and sent a duplicate letter..had no response,thought it odd but didnt like too hassle the chap.
Yesterday i recieved a letter stating were (myself and wife) are in court next month for repocession hearing..ive contacted the OR too ask some questions only too be told his on holiday for two weeks,asked too speak too the next relevant person and theres away for another week.
So i could well loose my car before the OR is even back (he didnt state when in October id loose car so could be 1st could be 21st).
Im really not happy with the way my case is being dealt with..but what can i do,its getting too the point im gonna just turn the towel in. |
| 5 L A T E S T R E P L I E S (Newest First) |
| Bigal4787 |
Posted - 05 October 2010 : 01:20:18
Stuart,
regarding the car, even though you are unfit at the moment, the chances are that you will become fit to work in the near future.
Therefore, your argument for having the car exempt from the proceedings, is that although currently unfit for work, you will be in the near future, and retaining the car would greatly increase your chances of securing employment. Depriving you of a vehicle would therefore put you at a disadvantage.
Extract from the Insolvency Service technical manual:
•that the bankrupt’s prospects of obtaining employment would diminish without use of the vehicle, even though the bankrupt may not be in employment at the date of the bankruptcy order. In such cases, the official receiver will need to decide whether there is a reasonable prospect of the bankrupt obtaining work,
Plus with an asset of very little value(£500) it is very doubtful that you would have to go to court to argue the case, I had discretion to exempt vehicles up to £3,000, as long as my AOR agreed, and it fell within the exemptions of section 283(2) of the Insolvency Act 1986.
However I should point out different OR's have different limits etc for exempt vehicles.
Hope this helps.
Former insolvency examiner with the insolvency service.
Big Al |
| stuart30 |
Posted - 01 October 2010 : 23:50:54
Sorry been a bit busy,not checked back.
After my intial concerns im slightly less stressed (the drugs the doctor has given me helps).
Car situation is they have valued it at approx half of what i did,so can either start looking for work despite being unfit and i might be allowed too keep it or pay £500 and keep the car and stay on the sick.
Neither is really viable..i knew bankruptcy wouldnt be easy nor should it,however with the illness i have the stress is making it uncontrolable.
Cant say what i"ll do next as im not sure...thanks for all advice,much appreciated.
Im just an umemployed bum.... |
| gettingoutofdebt |
Posted - 01 October 2010 : 15:29:41
If you disagree with the OR regarding the car then the next step is for the courts to decide. You need to go to the court to argue your case for keeping the car.
Pay particular attention to the information that Paul from Reviva gave you in your other thread (http://www.bankruptcyhelp.org.uk/forum/topic.asp?TOPIC_ID=11776) and make sure you are prepared for the hearing. |
| Bigal4787 |
Posted - 01 October 2010 : 11:02:10
Stuart,
On what basis are you losing the car? As housing said the actual person dealing with your case is an insolvency examiner, who reports to an AOR(Acting Official Receiver), and it would have been the examiner who made the decision regarding the car.
Big Al |
| Housing |
Posted - 25 September 2010 : 11:55:11
Hi
The County Court will have made the order and the Official Receiver with jurisdiction for the area will have been appointed.
The reality is you will never actually see or speak to the OR him/herself. It will be an officer from that ORs office - an investigattor or the like.
If you have a complaint against that person - you can approach the OR and ask for the case officer to be looked at for his approach and manner (if that is the issue). They are not there to "punish" you or necessarily make any judgment - they are there to investigate with the law and they have many powers accordingly.
If you feel the officer is not doing as he/she should be, then you can make representations. You may be assigned another case officer if your claims are reasonable and justified.
Good luck, Richard
"There are no problems - only solutions" |
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