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 archive
 bankruptcy postbag for july
 Gift of a Car after BK and Countdown to Bankruptcy
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 08 July 2008 :  08:15:20  Show Profile  Reply with Quote


Well since I wrote this earlier I have now been given my date for the hearing, im so relieved. The insolvency site has been brilliant in that i have pre filled out my forms and there are ready to submit nearer the time, by then i can print of the 3 copies my court needs and away we go.
Yes im nervous, but after reading this site it has given me the courage to say life is way to short and also not to be ashamed.
I made mistakes and now i have to pay for them the only way i can and yes the only way now it to try and wipe the slate clean and start afresh.
I nearly lost my husband over this and to be honest I dont want to have to endure that again and this for me is like a release not a easy way out, as no way has this been an easy thing to decide to do. I have a mortgage and i also had a nice car, but they are material things and as long as i have my family then nothing else matters to me.
I want my life back and so does my hubby. The kids need there parents back and not have me always juggling figures all the time just to make ends meet, and also i am looking forward to not getting the phone calls and nasty threatening letters that they send to you, I write to them only to get computer generated replies. Where are these companies Code Of Practice and Conduct, do they even know what these are or about the law about harrasment, I doubt it.
Anyhow Court date 4th August at 9am, hopefully it will run smoothly and the judge will agree and then its just the OR to speak to and sort out. That is the bit that makes me nervous:
Will i be scrutenised for the debt
How did i get in such a pickle
Oh the questions could keep coming, I tried to get them sorted out and its got beyond a joke now and so we have the last option avaiable to us.
BANKRUPTCY
I will keep you all informed to how it goes up to and after the date only 27 days to go thats just under 4 weeks sounds better and better.

Hi my mum has a run around car that she only uses occasionally and has said to me that if its possible after the BK has gone through that she will give me her car as a run around and would pay for the ins, tax and mot until we are in a position to take it on ourselves.
I like the idea but that would mean that I would have to take it on as the registered keeper in order for me to use my no claims bonus which she said she would pay the premium every month etc, but where do i stand.
Its only worth about £600 and literally a little runaround she does not want to see me without a car because hubby not here during the day and takes his car for work needs and she is just thinking of me and the kids.
Please advise what i can do to get round this as its not a purchase to make she already owns the car and wants to give it to me, but she would remain the legal owner of the car not me I would only be registered keeper for the ins and use of my no claims which i have full and mum has non.
Thanks

Edited by - Needafriend on 08 July 2008 11:10:55

melanie_giles
Senior Member



1191 Posts

Posted - 08 July 2008 :  08:47:23  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
The value of the car is relatively minimal, but to be on the safe side keep the vehicle registered in your mother's name until you are discharched from bankruptcy.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 08 July 2008 :  08:56:23  Show Profile  Reply with Quote

Hi Melanie
Thanks for that I will make sure that I wait till the discharge before i take it on. I am also insured on it and classed as a user do i have to tell the OR this as i only use every so often.
Its all reg, insured and done in mums name im just a named driver.
Cheers
Jo
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John
New Member



United Kingdom
73 Posts

Posted - 08 July 2008 :  11:30:36  Show Profile  Reply with Quote
Hi
Section 3.9 of your SoA asks if you have the use of any vehicle which does not belong to you. You should enter the details of Mum's car there.
Sometimes the OR will check the detail with the DVLA to ensure the car has never been registered to you (basically looking for possible evidence of transactions under value). In your case this doesn't apply so carry on as you are until discharge then if you should choose to register the car in your name no problem.Happy motoring!
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 08 July 2008 :  12:51:23  Show Profile  Reply with Quote

Hi Assist
Thanks for that, yeah the car has never been in my name, like i said i have only been added to the insurance so i wont add this vehicle to the SOA and when discharged i will happily take the car from my mum.
Also mum has said because i will probably use it more than her she has said that she was going to change her insurance to have me as the main driver but keep the car as is in her name, will this be ok still with the SOA and the OR.
Thanks again to all of you for all advice given on this site. Its been a real life saver.
Good luck to all of you and i will keep you informed of how i get on.
Jo

Edited by - Needafriend on 08 July 2008 12:57:59
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 08 July 2008 :  14:53:17  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Great advice Assist!

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 11 July 2008 :  07:04:27  Show Profile  Reply with Quote
quote:
Originally posted by JulianDonnelly

Great advice Assist!

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk


Hi i was just wondering if my mum does put me on as the main driver on her insurance and that its parked at this address and not hers before Bk do i have to add this to my SOA as such. She has said she would do that seeing as the financed car is going back and that I have used it most of the time and it would be better as it lives mainly here now. She technically wants to give it to me but as i have asked before she does not want to change details till after and make sure that it wont be taken from me.
It does state do you have use of a car not belonging to you, if so please advise, should i include this or leave it out as its not mine yet.
But i do need to know what to do about the ins side as she wants to make sure its done right but obviously does not wnat to get me or herself into any trouble.
I also had a personal plate given to me in 2004 as a birthday present which cost £250 this has been put on rentention because the car it was on is going back to the finance company, do you think it would be ok to put onto my mums car by signing the bit to allow another person to have use. Its very obvious that its mine as its almost my name. She has said she would allow it on there but again should we wait till discharge before doing this as its only a personal plate and i am just wondering what i could do.
JO
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melanie_giles
Senior Member



1191 Posts

Posted - 11 July 2008 :  08:19:54  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
Please refer to Assist's advice above re declaring that you have the use of a car which does not belong to you. Your cherished numberplate is an asset in the bankruptcy, and will need to be declared. Perhaps your Mum could buty this back for you?

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 11 July 2008 :  08:41:05  Show Profile  Reply with Quote
So i should write in that i use my mums car in the SOA. The cherished plate should i def put this in even though its only worth £250 or leave this out.
Please advise
As now i am totally confused. My mum cant afford to buy back the plate for me, it was a gift about 4 years ago.
No receipts now. Thanks
JO
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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 11 July 2008 :  09:26:53  Show Profile  Visit Suzanne's Homepage  Reply with Quote
If it is your mum's car, surely it is her number plate? It does not become yours until she gifts it to you.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 11 July 2008 :  09:45:51  Show Profile  Reply with Quote
quote:
Originally posted by Suzanne

If it is your mum's car, surely it is her number plate? It does not become yours until she gifts it to you.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk



Hi Suzanne
The plate is not on anyones car at the moment it is held for a year waiting for a donor vehicle to go on to.
My mum is prepared to accept the plate onto hers and bought the plate back in 2004 and gave to me so even though she paid for it back then it was in my name as given and i have been responsible for it since. She paid to keep it on retention this year so its just a certificate waiting to get placed onto a car but other than that its not in use.
It is worth about £100 if that and its only been kept because my name is Jo Nye and my birth date is 19th so the plate is J19 NYE not that special but enough to want to keep it going.
I need to know should i list as my asset seeing its low value. It was a gift back then but it is in my name so HELP please
JO
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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 11 July 2008 :  09:49:31  Show Profile  Visit Suzanne's Homepage  Reply with Quote
Jo

I would say it is only of a value to you because of your name, which is quite unusual, and so unlikely to be of any real value to any one else.

I think the best thing to do is declare it, but find out how much it really is worth. Perhaps contact one of those companies who sell them and ask them how much they would buy it from you for. That is only what the OR is likely to get for it, if they can find a buyer.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 11 July 2008 :  10:27:58  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Jo,

I agree with Suzanne that the chances are any value would be nominal. Do declare it, but i doubt the OR will have much interest (and if they did, they would give you an opportunity to buy it back).

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 11 July 2008 :  10:57:24  Show Profile  Reply with Quote
Hi thanks i have started to contact companies that would buy it back to find out then i will keep the emails and show with the SOA or the the OR should they need this.
The advice has helped, i have written it on the SOA and now its a waiting game for a price.
Further to this reply I have found out that no one is interested in it as its so low value and of no significance to others apart from me. They are only looking at ones like C01 LLN, to get it valued will be £50 plus VAT and on their sites numbers from the same range are £160 plus VAT and TRF fee.
So i guess i will just have to write an additional note to say to the OR that I have done research and that they are not interested in this plate.
So hopefully because its worth nothing really only to me they will leave me with it.
Jo

Edited by - Needafriend on 11 July 2008 11:27:45
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 11 July 2008 :  11:07:39  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Best of luck!

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk

Edited by - JulianDonnelly on 11 July 2008 15:28:00
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melanie_giles
Senior Member



1191 Posts

Posted - 11 July 2008 :  22:23:12  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
I've been trying to sell a plate in one of my bankruptcies for the last six years - B1 NSE! Any takers as I have had absolutely no interest so far.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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