06 Jan 2016

A question about : Nearly at the end

Hi all, looking for a bit of advice.

I was declared bankrupt some time ago and I'm nearly at the end of the bankruptcy.

My husband had a car on HP and he sold it to my mum, as we couldn't afford it anymore, we have proof that she paid and bought the car). I have always been the registered keeper for this car although it was in my husbands name. At the moment I am still the registered keeper of the car (only because my mum has just had a double hip replacement and can't drive it for some time)

Will the bankruptcy company assume the car is mine and force me to sell it?
Thanks for any advice.

Best answers:

  • If you are a discharged BR and do not have an IPA - the car and who owns it is academic, you are no longer BR.
  • Thanks for your reply. I was discharged of my BR nearly 2yrs ago now. I only have 1 more month left of the payments to the insolvency company. I know that at the end they look at what assets you have, mortgage, trust funds etc.
    I didnt know if they would think that the car is an asset and mine because i am the registered keeper at the moment?
  • My understanding with vehicles is that being the registered keeper is not proof of ownership. If you can prove the car is owned by your Mum then that's fine.
  • Thank you for your reply's.
    The paperwork my husband has is a letter from the HP company to say that the balance has been paid off. He also has a copy of the letter & cheque from my mum to the HP company.
  • You are discharged though.....did you get AD after as year? When you say your bankruptcy is coming to an end I think you mean your IPA is coming to an end. If they wanted to sell your car they'd have done it at the start, not three years down the line. I think?
  • Thank you.
    I was AD 1yr after being declared bankrupt. The insolvency company took a copy of my husbands HP paperwork for the car to show it was in his name and not mine (although car was registered in my name)
    I am very worried that they may think the car is mine because I'm still the registered keeper.
  • As everyone has said, once Automatic Discharge has been achieved [always comes 12 months after date of petition].....aside from property, other sorts of asset are 'safe'....
    You have shown you are not the owner..[the HP company is actually the 'owner'....so it is neither your husbands, nor your, asset! ]....and the OR is well aware of the fact that the Registered Keeper does not imply ownership.
    The OR will only default to the V5c if actual ownership is very much in doubt [ie, it cannot clearly be shown whose asset a car actually is?]
    If a car is deemed an asset in Bankruptcy....[and exemption cannot be shown]....then it would 'go' within the first 12 months after date of petition.
    The car in this instance is safe.....after all, it isn't 'your' asset.
  • As already stated earlier. The name on the V5 does NOT mean that the keeper of the vehicle is the owner. Proof of ownership can be provided so no need to worry.
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