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| T O P I C R E V I E W |
| andysmith |
Posted - 13 November 2008 : 20:49:29
right here goes my girlfriend wants to go bankrupt, but in order to get her new car she changed it which took around 20k of debts off her credit file in her birth name. she now has her new car and still has some small credit accounts with the catalogues etc in her birth name & her main bank account. some how the credit file doesnt give an alias as she also cunningly changed the address on her accounts that she owed big money to.
if she wants to go bankrupt will she have to change everything to the deed poll name or return to her birth name?
also what can be done with the car?, its 12mths old & she doesnt want to lose it, it wasnt a hp just a loan could she put the car in her mothers name or something? even though it was only took out last month?. |
| 1 L A T E S T R E P L I E S (Newest First) |
| John |
Posted - 13 November 2008 : 22:18:30
Hi
the name situation doesn't matter as the bankruptcy forms ask for your name and any other names that you are, or have been, known by. In this way all debts under both names can be included in the bankruptcy. After all she is entitled to call herself whatever name she wants providing it was not for the purpose of gaining credit by deception. That is, if, when she made credit applications in the new name, she denied, if asked, that she had any other credit that would clearly be a false statement.
There is no chance of keeping the car I'm afraid.
The car is registered in her name and the Official Receiver's Office will carry out a DVLA check going back at least 12 months. She will then be asked where the car has gone. You cannot give it away as that is a transfer/sale under value and the OR can legally undo that transaction and claim the car.
If she claims to have sold the car at the true value the OR will want to see evidence that the money was received and will then ask what has happened to those funds.
More importantly if your girlfriend took out personal finance one month ago and now declares bankruptcy that is considered fraud. ( A loan taken out with no means, or intent, to pay).
She should make at least 3 payments to the loan before considering bankruptcy and then make absolutely sure the car is available for the OR to reclaim after bankruptcy.
www.Bankruptcyhelp.org.uk
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