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 bankruptcy postbag for august
 can i keep my motability car ?
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gotrn
Junior Member

170 Posts

Posted - 27 August 2008 :  22:13:45  Show Profile  Reply with Quote
i have a motability car as i am disabled this is leased for 3 years paid with my mobility allowance i am going bankcrupt can i keep this

John
New Member



United Kingdom
73 Posts

Posted - 27 August 2008 :  22:21:41  Show Profile  Reply with Quote
Hi
is your vehicle tax exempt?

How do you fund the payments, through a bank loan or directly via the DWP?

www.Bankruptcyhelp.org.uk
0800 078 9367
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eamonn
Junior Member

320 Posts

Posted - 28 August 2008 :  05:06:46  Show Profile  Reply with Quote
hi gotrn
i also have a car through the motability scheame,and all the advice i have been given says that the car is exempt so you would be able to keep it because basically it does not belong to you but to motability who are leaseing it to you.also the care componant of dla should be discounted when the or is calculating if you have enough disposable income for ipa,(i hope that imformation is correct,experts?)
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 28 August 2008 :  07:23:13  Show Profile  Reply with Quote
Hi Eamonn

I get DLA for my son, should that be discounted too.

Thanks
Jo

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"

You can read my blog here:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/2008/08/24/my-debt-free-future/
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John
New Member



United Kingdom
73 Posts

Posted - 28 August 2008 :  07:58:16  Show Profile  Reply with Quote
Hi
if the DWP are funding the vehicle directly to the lease company then the vehicle should be exempt.

However, if the vehicle was purchased via a bank loan and the DWP payments are being made into the motability claimant's bank account this could be a different matter as these are 2 seperate arrangements particularly if the vehicle is only being funded by the DWP in part.
That is the lease payments of the vehicle are in excess of the monthly DWP payments received as the claimant is adding their contribution to lease a more expensive vehicle.
Where this is the case the vehicle may need to be changed for a less expensive one, the lease cost of which is covered entirely by DWP payments to the claimant.

DLA payments made to a parent due to a dependant's condition are exempt.If the DLA payment is for the BR party themselves these may, but are not guaranteed to, be taken into account in some cases when considering an IPA but only where the BR party also has a form of income other than, or in addition to, any state benefits and there is disposable income after allowing reasonable living costs.

www.Bankruptcyhelp.org.uk
0800 078 9367
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 28 August 2008 :  08:34:13  Show Profile  Reply with Quote
Hi John,

Thanks for that, for me thats even better news as hubby had his wage slip today with his normal pay on it now and it is 190 different to the last ones which is what the OR is waiitng for so they can see the actual pay amounts, that loss plus the loss of 250 dla for my eldest son that i added and also the CB of 175 means now that we are way below an IPA. Even if they dont allow the car maintenence etc we are still way below.

Its a case of wait and see now.

Thanks
JO

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"

You can read my blog here:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/2008/08/24/my-debt-free-future/
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