| T O P I C R E V I E W |
| bonechild |
Posted - 15 April 2011 : 23:17:23
Hi All
I have asked this question before but not got an answer. I think it got lost on a thread with other questions so I'm hoping if I put it out there on its own it may be clearer.
I have a car registered in my name. It is off the road, gearbox broken and we cannot afford to fix it but hope to in the future. The car was bought by my husband. He paid in cash to a private seller. the money was withdrawn from a joint bank account but he was the only person paying into that account and had been for a number of years.
I was unemployed but at Uni when he bought it and I used it to travel there for just under 2 years. Since 2008 I have not been the main user. it was used only for outings (its a soft top so mainly just used in summer) its been off the road (broken) for over a year, nearly two now.
The vehicle was registered in my name as it was easier to get insurance this way and I had the spare No claims to use on it. And I understand about the registered keeper not necessarily being the owner.
so...
How do we prove that my husband bought the vehicle?
Will the OR accept that my husband was the only contributor to the account and he withdrew HIS money to pay for the car?
Any ideas? |
| 15 L A T E S T R E P L I E S (Newest First) |
| Widge |
Posted - 24 April 2011 : 00:03:12
I hasten to add that my case has been passed over to an IP NOT because of the car but other reasons! |
| Widge |
Posted - 24 April 2011 : 00:01:48
I am in exactly the same situation as my mother bought my car for me but its registered in my name. On the BR form it askes for the details of any vehicle you own OR HAVE OWNED in the last 12 months, and if you have disposed of it, how much for. They're not stupid so just be honest with them!!!
At theOR interview they asked me about my car and mother's loan etc. I could provide evidence in bank statements (both mine and my mothers), copies of bankers drafts etc going back to when my mother helped me out wih her loan. I still may lose the car but it would end up as a 'double debt' to my mother as I listed her as one of my crditors in the BR petition.
Now my case has been passed on to an IP and I await any news on that one!
Widge x |
| mistake09 |
Posted - 23 April 2011 : 19:18:57
ok im sorry for last post, im sure things like that go on though, but saying that im not applading it, maybe if the fees wernt sky high to go BR people would be honest about things, once again sorry for the post |
| Niobe |
Posted - 23 April 2011 : 18:43:36
We should not be encouraging people to be dishonest about anything to do with BR.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
| Skippy |
Posted - 23 April 2011 : 18:43:32
Mistake09, if you are encouraging people to falsify records that will have to be produced to the OR then please don't.
It's important that anyone going BR is honest with the OR - there is no point hiding or falsifying things as if the OR finds out this will lead to all sorts of problems, including a possible BRU or suspension of discharge whilst they investigate.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
| mistake09 |
Posted - 23 April 2011 : 18:37:24
ok then ask friends if they want to buy it and let the receipt say 1000 pounds, there sorted |
| Skippy |
Posted - 21 April 2011 : 15:22:11
If a car is sold for £1500 there is no problem with the fees coming out of this. However, the OR is not going to accept that £800 is spent on expenses! The money would need to be put aside and would be claimed as part of the BR estate. If it's used for anything essential then receipts must be kept to show the OR.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
| mistake09 |
Posted - 21 April 2011 : 15:06:12
hi, if the car is broken and cant be used sell it as it is, if theres not spare cash to do it up then its losing value by just been sat on the drive, lets say you get 1500 for it, then if any questions are asked 700 of that cash went on BR fees plus train/bus fares expensives to get there etc etc, imaginative thinking prob helps in situations like this!!! good luck |
| Niobe |
Posted - 21 April 2011 : 13:42:12
Look at the experts link on the left hand side of the page and phone up and ask advice - it will be free, as will the CAB.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
| bonechild |
Posted - 21 April 2011 : 13:30:07
thanks all
i would love to have someone to discuss all of this with but I worry that I can't afford it.
I have put aside the fee (but if its true that its going up in June I'm a little short) but I have no money for anything else. even day to day living is tricky and I've just been turned down for benefits as I haven't paid enough National Insurance. (2yrs self-emloyment without paying it because I couldn't afford it)
I'm wondering if I paid it now (its a couple of hundred and a relative may lend it) I may be able to apply in future. I've just been to doctor who has given me stuff for depression so I would be signed off for that.
Too confused! Too worried!
sorry chaps (just venting) |
| moodybluetwo |
Posted - 21 April 2011 : 12:02:51
Looking at this and other posts you have made it appears to me that your situation is very complex and the many issues you raise require an in-depth knowledge of the Bankruptcy process. My advice to you is to contact an expert in this subject and go through all the details that concern you….and at the end of the interview you will have a clearer idea of how going Bankrupt will affect you. |
| Skippy |
Posted - 21 April 2011 : 11:48:18
Bonechild, I really think that you need to speak to an expert. Have you taken advice from anyone? The professional experts who post on here will be able to advise you, or alternatively you can contact the CAB x
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
| bonechild |
Posted - 21 April 2011 : 11:35:40
Hi
I'm getting so stressed about this I just don't know which way to turn. Sorry, just weepy and emotional today.
About this car question...... this is what has been advised on another thread
I wouldn't recommend transferring the car to your husband as the OR can (and will) check back with the DVLA. If your husband genuinely paid for the car and you can prove this then he will be classed as the owner of the car.
but Big Al, you recommend transferring the registration now before i declare BR. I'm so worried that this will end up with my husband losing his property for some BR which is not his.
Please can anyone help? |
| bonechild |
Posted - 20 April 2011 : 22:31:17
Hi Big Al
Wouldn't the OR look back at vehicle ownership and ask about it?
I thought I would have to declare that I changed the ownership over, wouldn't I ? I'm really confused. I'm not bankrupt yet but I am sure that I will have to be doing it soon.
Wouldn't I get into trouble with the OR if I transferred it?
Please come back on this. Many thanks |
| Bigal4787 |
Posted - 19 April 2011 : 23:50:03
Hi,
If you're not yet bankrupt, then as I used to say to people in similar situations, use the V5 document and change the registered keeper, it makes life easier, especially as your husband purchased the vehicle. Then you don't have a vehicle to declare.
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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