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bonechild
New Member

50 Posts

Posted - 15 April 2011 :  23:17:23  Show Profile  Reply with Quote
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 the money was withdrawn from a joint bank account but he was the only person paying into that account and had been for a number of years.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?

RHB
Senior Member

1159 Posts

Posted - 16 April 2011 :  08:44:00  Show Profile  Reply with Quote
How much is it worth?
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bonechild
New Member

50 Posts

Posted - 16 April 2011 :  11:39:52  Show Profile  Reply with Quote
in its current state about 1500

done up to pristine condition, about 4k.

I know if it was mine I couldn't keep it because its over the limit but the worry is, it was bought by hubby but its registered in my name (not used by me anymore)

i'm worried that the OR will assume its mine, so it brings me back to my original question,

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?

we only have a handwritten recepit from the vendor by the way
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RHB
Senior Member

1159 Posts

Posted - 16 April 2011 :  12:54:32  Show Profile  Reply with Quote
You will have to show the evidence you have.
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bonechild
New Member

50 Posts

Posted - 16 April 2011 :  13:22:06  Show Profile  Reply with Quote
I understand that there is probably no cut and dried answer to this but just wondered if anybody, perhaps the experts, had experience or knowledge of this situation?
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 16 April 2011 :  13:55:12  Show Profile  Reply with Quote
Does he have proof that he withdrew the money, i.e. a bank statement showing the same amount withdrawn as was paid for the car?

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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bonechild
New Member

50 Posts

Posted - 16 April 2011 :  14:58:11  Show Profile  Reply with Quote
We can show the withdrawal on the bank statement
the statements also show that he was the only one putting money into the account (the account was used to pay household bills mainly, and a little pocket money for me ;-) ).

My concern is that the account is in joint names
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bonechild
New Member

50 Posts

Posted - 17 April 2011 :  21:18:16  Show Profile  Reply with Quote
just bumping this up
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bonechild
New Member

50 Posts

Posted - 18 April 2011 :  21:03:43  Show Profile  Reply with Quote
bump
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bonechild
New Member

50 Posts

Posted - 19 April 2011 :  10:11:22  Show Profile  Reply with Quote
?
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 19 April 2011 :  10:12:59  Show Profile  Reply with Quote
Sorry Bonechild, hopefully one of the experts will pick this up and answer.

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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bonechild
New Member

50 Posts

Posted - 19 April 2011 :  19:46:31  Show Profile  Reply with Quote
Thanks Tracy

Sorry to keep bumping it but still hoping for an answer

Any experts out there?
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Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 19 April 2011 :  23:50:03  Show Profile  Reply with Quote
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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bonechild
New Member

50 Posts

Posted - 20 April 2011 :  22:31:17  Show Profile  Reply with Quote
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
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bonechild
New Member

50 Posts

Posted - 21 April 2011 :  11:35:40  Show Profile  Reply with Quote
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?
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 21 April 2011 :  11:48:18  Show Profile  Reply with Quote
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!
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