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huntersrishon
Junior Member
189 Posts |
 Posted - 28 September 2008 : 09:41:31
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Hi
Complicated story, we bought our daughter a second hand car for her 18th in December 2006 - it was registered in my name as she had not passed her test and insurance was cheaper. In October 2007 it was written off, we got insurance money - I gave this to her to buy another, we were told by insurance we would lose the 10 months no claims if we changed insurance to her name and needed to wait till the year was up (December 2007) the car she bought was registered in my name again. She had nothing but trouble with it from May 08 to Aug 08 - she got a bank loan and traded it in for another car. I had to sign the sale documents because it was still in my name even though it was her car. She got 1,250pounds trade in. I know this is a complicated story but we really did not expect to be going BR and did not know anything about BR. I am now worried the OR will try and make my daughter pay 1,250 pounds. Please help someone. I am worried my daughter will lose her car due to my stupidity. She is a student nurse and does not have much money herself, she also needs her car for uni and when she is on her placements.
Dee
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John
New Member
United Kingdom
73 Posts |
Posted - 28 September 2008 : 10:16:26
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Hi
unfortunately, dependent on the views of the examiner, which are nigh on impossible to predict, there is an issue here. There is no evidence that the car belonged to your daughter at anytime. The V5 registration is not a huge problem but there is no supportable evidence that your daughter actually purchased the car at any time as it was a gift that, for various reasons, has remained registered in your name.
The fact the vehicle was sold in August O8 the examiner will need to establish what happened to the proceeds of the sale, this is therefore when the "gifting" finally took place. Being so close to your BR I would guess the £1250 will be claimed by the OR but, as I said before, we cannot predict just be aware that it may well happen.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
Edited by - John on 28 September 2008 10:17:01 |
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huntersrishon
Junior Member
189 Posts |
Posted - 28 September 2008 : 10:22:54
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Thanks John
She used the car as a trade in against another car she bought. That cost her 3,950 less the 1,250 trade in. She has a bank loan for 2,500. If he wants the 1,250 who will have to pay it and can it be paid so much a month?? My daughter does not have the money and has just been diagnosed with a heart problem - she has given her notice in on her weekend job and is just going to be concentrating on uni.
Thanks in advance
Dee |
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huntersrishon
Junior Member
189 Posts |
Posted - 28 September 2008 : 11:34:29
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Thanks John for all your help and advice.
Dee
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huntersrishon
Junior Member
189 Posts |
Posted - 28 September 2008 : 15:33:23
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Hi
Sorry another thought. I was thinking all the repairs my daughter had done on her car, before trading it in are all in her name all receipts in her name and all payments made by her. Does this not proove it was her car. She was also the main driver on the insurance from December (when the 1st years no claims was accrued) I was just a named driver.I just want to proove in no way was the car ever mine as it wasnt.
Dee |
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John
New Member
United Kingdom
73 Posts |
Posted - 28 September 2008 : 15:58:55
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Hi Dee
certainly the repair bills and your daughter being the named driver will help your cause.
It would also support you point that the original gift goes back nearly 2 years. If the examiner then accepts the car was a gift in 06 and remained in your name to keep insurance costs down you may well be "home free" as it were.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Help daughters car
