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stuart30
Starting Member
United Kingdom
12 Posts |
 Posted - 15 September 2010 : 19:50:23
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Today ive had the telephone interview with the Offical Reciever.
Ive been told that due too not working he is claiming my car,its value is £1100 approx (maybe less).
Ive explained the car is needed as ive difficulty getting around due too severe psorasis so walking isnt an option.
He said the law is very clear..if car isnt needed for work he can take it..ive asked how am i supposed too look for work or get there if car is taken,i was in security before loosing job so start and finish very off hours/time of the day/night.
He did say i could buy the car back for near its value..ummm hang on ive gone bankrupt as im skint.?
What options if any do i have. |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 16 September 2010 : 00:13:43
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Very strange,I was an examiner with the insolvency service until the 23rd July. In your position I would have exempt the car from the proceedings, on the grounds, that having a car would increase your chances of securing employment(especially as the car is valued below £2,000).
Also,have you been told how it's going to be claimed? If they use their agents the OR will end up owing money to the agents, or are they using the "car takeback scheme"? This scheme is where the OR instructs a local recovery garage to collect the car and scrap it.
Big Al |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 16 September 2010 : 07:49:54
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I totally agree with Big Al and it is almost unheard of that this course of action is being taken. One thing that the OR cannot o is take away your livelihood and by removing your vehicle would be doing so especially as its value is so low.
I would question this with the OR's office as I tink some over zealous examiner is overstepping the mark.
All the best
John Blackadder |
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memphisd56
Junior Member
United Kingdom
112 Posts |
Posted - 16 September 2010 : 12:17:49
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Well, My examiner wanted to know what i wanted my car for, (value £500), to which i replied `Hospital visits`, they then asked, `Is that because of distance, or a medical issue`...to which i replied `Medical`, so i was allowed to keep it.
They also stated that unless i provided proof that another car i owned was scrapped,as i said it had been, they would come and collect it!!
So NO, i`m not surprised...and everyone else should take note!. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 September 2010 : 16:47:05
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It is worth going back to the OR and confirming that you are actively looking for work , applying for XYZ jobs and hope to have an interview withAB & C in a certain time period.
If you can demonstrate that you are actively looking for work - and can prove it then you would likely be OK.
If you were even slightly vague in the interview then that may be the reason they took a different tack.
be clear, precise, calm and be able to prove your position.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 September 2010 : 16:53:53
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Message for Bigal4787
if you get a chance could you contact me please
thanks
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
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stuart30
Starting Member
United Kingdom
12 Posts |
Posted - 16 September 2010 : 17:21:46
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Thanks for the replies.
Im currently on Employment and support allowance (ESA) and have since my redundancy back in February.
My doctor doesn't want me too work until my condition is at least under control.
Hopefully 6-8weeks i should see improvement as my dermaltoligy specialist has finaly allowed me the drugs needed too improve my condition (kind of last resort)
Despite being on ESA im actively looking for training too help back into work.
When asked why he was taking the car O/R stated its the law..your not working or looking so the law states you do not need it.
When asked how do i attend doctors or hospital as i find walking very painful he said he understood but it was out of his control and someone would come and collect the car next month.
So im now panicking how im going too get too doctors/hospital and then look for work with no car and no chance of buying one.
Too say he was polite and efficient is true..too say he was exactly what i was dreading is also true,looks like ive been unlucky and drawn a less than helpful O/R.
I really do now feel like my signature...
Im just an umemployed bum.... |
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stuart30
Starting Member
United Kingdom
12 Posts |
Posted - 16 September 2010 : 17:28:57
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quote:
Originally posted by Bigal4787
Very strange,I was an examiner with the insolvency service until the 23rd July. In your position I would have exempt the car from the proceedings, on the grounds, that having a car would increase your chances of securing employment(especially as the car is valued below £2,000).
Also,have you been told how it's going to be claimed? If they use their agents the OR will end up owing money to the agents, or are they using the "car takeback scheme"? This scheme is where the OR instructs a local recovery garage to collect the car and scrap it.
Big Al
No mention of how it will be claimed apart from ""you will be contacted when the car is too be collected next month (October)"".
So if i understand correctly..my £1100 car that i heavily rely on could end up scrapped or actually cost the O/R too take it...
My god if i walk more than 20 feet i start too hurt and knowing this he"s still happy too take it.
Im just an umemployed bum.... |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 September 2010 : 17:39:08
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I would encourage you to contact the Or ( letter or phone call ) tomorrow.
Tell them that you would like them to review the car being exempt and the reason why.
You must absolutely not list reasons like :-
I need it
I can't manage without it
what can I do
etc
rather
In order to secure work I definately need the car.
I am actively seeking work, I am carrying out XYZ activity to find work, I am not able to secure public transport because I have difficulty walking 20 feet or more, but am able to work.
If I can find a job then I may be in a position to be able to contribute towards my debts via an IPA. However i need the car in order to be able to CONTINUE to search for a job, attend interviews, visit job centre and library etc. Also when I get a job I will need the car to attend work.
If I lose the car I will be doomed to a life on benefits because I will physically be unable to secure a job without a car.
Also be mindful that the OR may suggest that you apply for the higher rate of DLA, in which case you may qualify for a new car.
ALWAYS work out the answer BEFORE someone asks you a question.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
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Hutch
Starting Member
25 Posts |
Posted - 16 September 2010 : 18:25:45
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Paul,
I have a car currently worth c£1000 and am a full-time mum with a 6 month old child. Would the OR consider having such a young baby (and all the gear that this entails) as being reason enough to keep a vehicle?
I've got a feeling the answer is no but it would be nigh on impossible to visit family as we wouldn't be able to take pram, travel cot, high chair etc. etc. on a train.
Has anyone else been able to keep a vehicle in a similar situation?
Thanks. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 September 2010 : 20:42:23
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Hi
there is a prety comprehensive Insolvency Manual that they work to so theoretically everything is black and white.
In Practice it seems to depend upon the Official receivers office, the examiner, your exact situation, how you interview and the reasons for your particular need to keep the car.
two scenarios
1. I need the car to take my baby to see family and friends - that doesn't sound like a reasonable position to withold the value of the car from benefiting the creditors. ( in truth it is likely that no money will go to creditors anyway )
2. my baby is 9 months old and I am actively looking for work, I really need the car to get to work and drop baby off at grandma's before I start.
do you see what I mean?
One is much more acceptable
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
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stuart30
Starting Member
United Kingdom
12 Posts |
Posted - 16 September 2010 : 22:57:14
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Many thanks Reviva for making it crystal clear..i now reckon i know where i went wrong.
Expecting the OR too consider personal feelings rather than hard facts,obvious when you see it in black and white.
Many thanks
Im just an umemployed bum.... |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 September 2010 : 23:27:28
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review what you said and have another go - you do stand a chance if you act quickly
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
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stuart30
Starting Member
United Kingdom
12 Posts |
Posted - 17 September 2010 : 21:09:51
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Email and hard copy posted today...wont post it here as quite personal detials.
Hope that works as if not im afraid i will be living off other peoples taxes for a long time.
Im just an umemployed bum.... |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 17 September 2010 : 21:38:00
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Good luck Stuart, let us know how you get on
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! |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 17 September 2010 : 22:58:29
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well done and good for you.
Bankruptcy is about acting with dignity, taking control of your own life and doing things that are right for you.
Standing up for your position is really good news.
Good luck
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
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Topic |
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OR is claiming my car
