| T O P I C R E V I E W |
| shelleyandrew76 |
Posted - 26 September 2009 : 19:21:36
Hello all. Im sure alot of you are aware that I have my court hearing on Wednesday regarding us keeping our car after OR wanted to take it from us. I have all the evidence together for my case and fingers crossed it is strong enough and that the DJ is a family man/woman.
One question on the back of my mind is though. If they decide that we cannot keep the car (praying that this will NOT be the case), can we get another car (if we had the money that is)?? Would the OR want this one too??
Thanks all for reading. |
| 15 L A T E S T R E P L I E S (Newest First) |
| spices100 |
Posted - 27 September 2009 : 23:52:27
Shelly
Just been reading some of your other posts and it said that when you had your OR interview they said they'll send you a form regarding keeping the car.
When i had my OR interview on Friday, they asked me what i use the car for and i told them that i use it for looking for work. They havnt said to me that they be sending me any forms........
The OR assistant seemed somewhat sure i'll be keeping the car as she asked if i wanted it exmept. Then she said they probably wont be contacting for a few months when they'll send me a I&E form. |
| spices100 |
Posted - 27 September 2009 : 23:01:57
Do you think you'll be given the opportunity to offer a small amount to buy the car off them or is it just the a case of they either let you keep it or take it and no negotiation ? someone on here once just that sometimes they take the car, auction it and release some funds to you to buy a cheaper car.
My situation is different. Am from Leicester and so far the bankrupt procedure has been too quick and simple like they just wanted to get rid of me quickly so that they can go on their fag break. some am hoping they wont be too fussed about me keeping the car.
I think the real value of the car is about £2600, its a R reg 7 series BMW but i told them its worth around £1500. (am not a mechanic so i dont know). I'll let them check it out for themselves.
To be honest i wouldnt mind them taking the car if they give me something back so i can buy a diesel car (fancied a change)
The OR's assistant said i should know in i few weeks if theres a problem but my road tax runs out in Nov so i dont want to buy a road tax and them take it away after.
I got the feeling they'll let you keep the car once you've had the chance to explain in detail how much of a distruption it'll be causing your kids/family.
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| shelleyandrew76 |
Posted - 27 September 2009 : 21:37:57
I received a letter from the OR to state that they wanted to sell our car on our behalf as they didnt think we needed it in their opinion. At the end of the letter it says that if you dont agree with their decision then you can appeal to the court. We received this letter in July and got a date through 2 weeks later for 30th September. Wish they hurried up with things like this.
They dont know what I go through every 2 weeks. Can you imagine 4 kids in the car 16mths, 2.5yrs, 8 yrs and 10 yrs in one direction 115 miles on a Friday night. Then just me and 2 little ones coming home Leaving at 5.30pm and returning home at 11.30pm. Then the same again on Sunday leaving at 12.00pm sunday with 2 little ones travelling 115 miles to pick up older 2 and then travelling back 115 miles with them all, getting back around 6.30pm. Noone actually realises the amount of stress and inconvience it is - but I do it for my boys as I believe they should have a relationship with their dad. I hate doing it but have been doing it for 4 years now. Just dont want to be the ones to tell my boys things have changed and they cant see their dad until their holidays, but it will be up to me. It really iritates me that there is one rule for one and another for others (me).
Good luck anyway.
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| spices100 |
Posted - 27 September 2009 : 21:24:54
Hi how do you take them to court, do you have to pay for it and need a solicitor ?
i had my OR interview on Friday and spoke to what seems was the OR's assistant (back office staff). she asked me the value of the vehicle (£1500) and what i use it for which is looking for work. she said because of the low value she doesnt seems they'll be a problem me keeping the car but has to pass it onto the actual OR to sign it off.
Am hoping i'll be able to keep it or perhaps negociate to trade it in for a cheaper car thus releasing some funds.
My arguement would be that if they take the car then it'll be harder for me to find work in this climate hence they creditors wont get much in the long run if they cant get me onto an IPA. Think creditors would perfer me on 3yr IPA then taking just £1500.
But untill i get a Exmept then am in limbo mode. |
| shelleyandrew76 |
Posted - 27 September 2009 : 19:17:34
He already does half like me 115 miles each there and then back Friday and then Sunday. He has just had a pay cut at work too, so no that is not an option. Will just have to wait till Wednesday I suppose. Thanks gettingoutofdebt. Will let you know.
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| gettingoutofdebt |
Posted - 27 September 2009 : 18:22:59
Good luck on Wednesday and let us know how you get on.
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| RHB |
Posted - 27 September 2009 : 11:49:05
Could their Dad not do more of the journey? |
| shelleyandrew76 |
Posted - 27 September 2009 : 11:21:20
Thank you Jan. Dont know if the OR will be there, but hope if they are then they are sympathetic. Without my husband here at the moment, Im facing this all on my own. xx
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| Niobe |
Posted - 27 September 2009 : 11:09:51
Hope it all goes ok for you. If you have evidence for this, I'm sure the OR will be sympathetic.
I've got everything crossed for you.
The glimmer gets brighter all the time
Jan
xx |
| shelleyandrew76 |
Posted - 27 September 2009 : 11:07:30
Sorry, but another thing is. If they take the car thinking I will have more DI, I wont as I will have to somehow do the journey with public transport, something which I have looked into and just one train journey will cost me £390 and I do this journey twice a month. I will also have to get a taxi to college once a week which will cost £60. So my outgoings will be more way more than my incoming.
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| shelleyandrew76 |
Posted - 27 September 2009 : 08:14:21
Always the same - one rule for one and one for another. It's just not fair. If I had known that they wouldnt let us keep our car coz my husband is away at sea alot of the time and only needs the car when he is here and I cant have one coz I live in a crappy little town that doesnt have a lot in it, and the fact that my boys are not going to be able to see their dad again only in the holidays, then I regret going bankrupt.
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| Sparkle83 |
Posted - 26 September 2009 : 22:49:19
I'm inclined to say yes, they will want any other car. At the end of the day, it comes down to whether you _need_ the car by thir standards, which I'm guessing the OR doesnt feel you do. Not only is there the money they can release for creditors from the cars value, but also the extra you'd have towards an IPA if you have no insurance, repairs, breakdown cover, tax, mot to pay.
Like the others have said, stress the work point, possibly even with the idea that DH is looking to work in the area again, or that you are looking into working part time?
Weeks of BR
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| shelleyandrew76 |
Posted - 26 September 2009 : 21:06:08
Sorry, also my original question has not been answered. If they get the car and then we get another one - will they want this one as well?
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| shelleyandrew76 |
Posted - 26 September 2009 : 21:04:37
Did they take it to court or just accept the OR's decision?
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| Niobe |
Posted - 26 September 2009 : 20:51:49
There is a poster on here who needed the car for her elderly father and I am sure she had it taken from her, so I would certainly say that you need to stress it is for work, not for the kids.
The glimmer gets brighter all the time
Jan
xx |
