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shelleyandrew76
New Member
84 Posts |
 Posted - 26 September 2009 : 19:21:36
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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. |
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Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 26 September 2009 : 19:50:44
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Hi Shelley and Andrew
I have read some of your posts but not all of them so please bear that in mind. I wish you all the best on Wednesday but I feel if you concentrate on the argument that you need your car for ferrying the kids around instead of requiring it for work you may be on a loser, I truly hope not. Remember the OR has the confidence to take this matter to the courts and dont often lose, have you used the same argument with him,that you need the car for trips, I wonder, the OR is the only body to allow you the car outside of Insolvency Rules the Judge I believe cannot he/she is there to apply them. I think you have a better chance of keeping the car needing it for work some of the time, than taking the kids out all of the time. Remember you are allowed to keep tools books vehicles and equipment needed for your proffession,the ORs arguments is that your husband works away and dont need the car, your argument is when he is not away he does need it and losing it will cause disruption in his working affairs, if that is the case, I would make this your main reason, Good Luck to you both. |
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shelleyandrew76
New Member
84 Posts |
Posted - 26 September 2009 : 19:56:49
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Hi Daniel and thank you for your fast response. Yes my husband works away so only needs the car to get to work when he is here. The main reason for keeping in the car is journey that I do every other weekend. I meet my boys' dad half way to where he lives which is a 230 mile round trip. I moved my boys away from their dad when I met my current husband back in 2005. We have been doing this journey ever since. I have of course looked into using public transport, but with what I have found is definately NOT a possiblity. I truly believe that the OR office should have set rules all around the country as I believe some people are treated so unfairly and others get away with stupid reasons for things. I just hope it all works out my way.
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 26 September 2009 : 20:51:49
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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
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shelleyandrew76
New Member
84 Posts |
Posted - 26 September 2009 : 21:04:37
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Did they take it to court or just accept the OR's decision?
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shelleyandrew76
New Member
84 Posts |
Posted - 26 September 2009 : 21:06:08
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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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Sparkle83
Junior Member
258 Posts |
Posted - 26 September 2009 : 22:49:19
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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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(EDREV received and returned at exactly 24 weeks)25****
30****35****40****45****50** |
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shelleyandrew76
New Member
84 Posts |
Posted - 27 September 2009 : 08:14:21
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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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shelleyandrew76
New Member
84 Posts |
Posted - 27 September 2009 : 11:07:30
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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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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 27 September 2009 : 11:09:51
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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 |
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shelleyandrew76
New Member
84 Posts |
Posted - 27 September 2009 : 11:21:20
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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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RHB
Senior Member
1159 Posts |
Posted - 27 September 2009 : 11:49:05
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| Could their Dad not do more of the journey? |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 27 September 2009 : 18:22:59
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Good luck on Wednesday and let us know how you get on.
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shelleyandrew76
New Member
84 Posts |
Posted - 27 September 2009 : 19:17:34
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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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spices100
New Member
67 Posts |
Posted - 27 September 2009 : 21:24:54
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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. |
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shelleyandrew76
New Member
84 Posts |
Posted - 27 September 2009 : 21:37:57
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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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court hearing on Wednesday regarding us keeping our car
