OR telephoned

[scaredkez]

the Or telephoned me this morning in regards to the car and how the children get to school and the distance the schools were away from the house, gave them all the details and explained that i do take them to school by car although school only a short distance, on my way to work,
the Or telephoned me back this afternoon and said bad news you do not warrant the use of a car, i explained without the use of the car i would no longer be able to get to and from work, as i would have to leave the house at 7.30 and wouldn't arrive home until 7 and i couldn't possibly leave my children on their own for those length of times before and after school as my youngest is only 4, he said in all due respect you have gone BR because you owe money and we have to recuperate it back and you donot warrant the use of a car, running your children to sports activites and being a carer to your parents does not also warrant the use of your car, i said i will have to give up work then, he said OR's decision final and the next call he would be making would be to the agents to arrange collection of the car, i asked if i could appeal the decision as i would not be able to manage, he said he would speak to OR but again his decision is final, i asked re what would i have to raise to buy back the car and he said that is the agents decision, they had valued it so far at 3.5k to 4k and would need to have to see it first, i hadn't put the phone down for more than 2 minutes when the agent called and will be collecting it tomorrow at 11am, i am absolutely gutted i just don't know what to do, i appreciate i owed the money and tried everthing to pay it back, but now i will have to give up working and the kids will have to give their football up, i feel like i have let them down so badly.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[freelili]

Kerri

I am soo sorry, it really is a bummer and is not fair. I really feel for you and I know how important the car was for you. However you have not let anyone down, you made the same mistakes as the rest of us and it seems that you are just unfortunate enough to have an OR who feels you dont derserve to keep your car. Skip (abso no offence skip) Dosent have kids and she got to keep hers and its seems that its just down to luck and which OR you get dealt. We all understand how you may feel responsible to letting your kids down but its not true, Things will get better for you and your family and things will look up for you. This is the worst time and the thought of someone talking the car would upset any one of us, right guys? Please hang on in there and dont blame yourself, you tried so hard to repay what you could and I dont think you deserve this.

love always

LILY

I believe that angels breathe and love will live on and never leave. I cherish all you gave me everyday.

[Oliver]

Hi Kerri

Very sorry to hear of the bad news about the car. The OR is often much stricter with regards to cars in bankruptcy than the creditors are in an IVA.

Id there any way a friend or a family member would be able to buy you a cheap run around?



Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp
[/quote]

[sammarchant]

That is absolutely terrible news and so unfair, I feel so sorry for you. It does seem to me that the OR decisions vary from office to office. To be honest I think half of them haven't got a clue what they are doing. I got to keep my car which is worth 2800 and Im not working. They said I could keep it to look for work.

I believe there is an appeals procedure that I'm sure it would be worth looking into. Not sure how to go about it but its probably in all the leaflets you will have been sent by the OR.

[MelanieGiles]

I cannot believe that in the ame week we have had Official Receiver's allowing £50 per week for a holiday fund and that your car is being taken from you Kerry. By the time that the agent has collected the vehicle, and sold it at auction, there is likely to be only about £2,000 left - and this will get completely absorbed by Official Reciver's costs leaving nothing for your creditors.

Skippy - how much was your car worth? Without wanting to stir up trouble for you, I think Kerry should use your case as a precedent.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Andy2]

I think you will have to say goodbye to this particular car (I mean even after auction it will be a relatively "tidy" sum for the OR to receive but it WILL go towards his fees rather than any creditors). But surely you are still "allowed" to run an old banger instead. Or will this get you into even more trouble ??? I have never dealt with an OR so do not know how they monitor you in BR.

[tracy.h]

Seems really harsh Kerri,after you have been through so much,but you have not let anyone down.I think in this situation you are the one who is being treated unfairly,obviously you have been unfortunate and probably have a very uncareing OR.
I understand they have a job to do but i really feel you should not let this go,no body benefits if you have to give up work.Im sure your children would prefer to have a mum whos happy and can support them in there activities,rather than a holiday,seems ironic you can have a holiday allowance but not keep something that is essencail for your day to day living needs.keep your chin up Kerri im so sorry you are still getting so much stress xx

[sammarchant]

Kerry,

I'm really cross about you losing your car and so I've managed to find the insolvency service technical manuals under the freedom of information act.

I dont know how to post a link (sorry!) but the address is insolvency.gov.uk/freedomofinformation/technical/techmanvol1

You need to read part 9 - exempt property. It says if a car is necessary in connection with your employment (ie getting you there and back) it should be exempt. There may be public transport but you could argue that this would mean you would need to pay for childcare for your children which you just cant afford. Also, I think most after school clubs finish at about 6pm, so if you wont get home until 7pm its a no no. I see from your blog that you do not have an IPA so the OR already knows you have no surlpus income to pay towards childcare.

They should therefore at least give you an allowance for an old runaround.

I would say it is definately worth you emailing the OR and telling him how you wanted BR to be a fresh start for you, but by taking your car you are going to have to give up work and be back to struggling to make ends meet again. The worst that can happen is that they say no and Im sure you have had to deal with far worse than this while you have been struggling with your debt. I would email the OR directly if I were you rather than one of his assistants.

I know you are not the first person to have your car taken off you but this makes me so mad[:(!]

[Andy2]

It's probably because there is no IPA/IPO that the OR has to be seen to be getting something back and the second car, whether it raises £2,000, £3,000 or £5,000 is something. I don't imagine they are bothered about whether the buses run on time or how long it will take to get to work or back!

[scaredkez]

thanks everyone, i threw everything at them today that has already been suggested, if i could afford an old bangor i would, its not the particular car that i am angry about its the fact they won't allow me a provision for one after it has been sold, i was asked could the kids walk themselves to school, i said no one is 4 and one is 8, i went through the times also of the after school club and yes they do finish at 6, he just wasn't for budging i agree with you andy as no ipa has been set they need to be seen recovering monies from somewhere, the car they have allowed my hubby to keep is on its last legs also and it makes it all the worse its over 10 yrs old, and wouldn't even fetch £500, i told him i would now be really struggling as the only thing i can do is give up work and he said well so be it you owed the money basically, which i do appreciate that i did, my eldest son is taking it so bad, he just can't understand, our whole life is going to be turned upside down again, i was suppose to be going to my nieces first babies christening sunday and have had to let them down also the impact on us is awful, hubby is away also tomorrow and i will have to deal with the agents when they come, probably be 2 big burly fellas so everyone will know what is going on lol
they haven't said i can't buy another car, but its in the meantime whilst saving for one what do i do?
thanks everyone
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[Andy2]

Is there anyone who lives nearby who could give you a lift to work and back ? You might have to walk or get a short bus there/back to their place but complete the journey with them. This happens quite a lot where I work because of car parking spaces at work (or lack of them). They share petrol costs and everyone is happy. Just until you save enough to get a banger from the classifieds.

[Storm]

The agents should be reasonable with you unlikely to be '2 burly fellas' - best thing is to have all your personal stuff out and make it as painless as possible.

They will give you a receipt and simply drive it striaght to the compound / auction house.

BUT do also be prepared for them to turn up in a tow truck / flat back and take 20 minutes to load it on. Some agents are not discrete unfortuanately.

Most agents I know simply turn up, ask for the keys and drive away. Its a job for them (yes a crap job!) but it isn't personal.

[scaredkez]

hi thanks andy and storm, there is noone who lives near unfortunately. i have everything ready for them, the best is they won't get to the top of the road as it has no diesel, but i think they will come with tow truck as they no it is now out of tax
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[Storm]

With trade plates it doesn't need to be taxed.

And they always go equipped with a can of petrol / diesel.

Hopefully a quick visit and done....

[scaredkez]

well thats it, it has gone, just a man and a woman in a car with trade plates, (no extra diesel with him tho storm) explained it was on empty, don't know if he will make the garage, he was very nice, just gutted watching it go how sad is that, sent the kids the park so they weren't here to see it go.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/