My IP decided to take my car at the end of my sequestration

[Mikey17]

Hi.. I am new here. I really hope somebody could help me.

 

I entered sequestration 3 years ago. And this February is my final month to pay contribution towards my sequestration, which is £200 per month. And my IP has advised me that I will be released from my sequestration afterwards.

 

Unfortunately, to my surprise, I just received an email yesterday from my IP saying that they decided to take my car which is worth £1550, or I have to pay the same amount if I want to keep the car.

 

What make me really confuse here is, at the beginning of my sequestration, I owned BMW which was worth around £2300 at that time. But my IP assured me at that time that they not touching the car as the value is not significant and I needed it to get to work, and as long as I have maintain a £200 contribution per month.

 

After a year in sequestration, I have decided to sell the BMW with an advise from my IP, as result that I could not maintained the car. And I swapped to more fuel efficient car. I sold BMW for £2000 and with the whole lot of the money I bought Renault. And I have updated everything to my IP. In fact, I never failed to submit my circumstances review form every 6 months to my IP.

 

I was so confused and shocked by the decision that they make at the final month of my sequestration, while they have 3 whole years to decide about this. Is this sounds right to you? I also wondered why they could be OK with BMW that worth £2300 at the beginning, but not OK with Renault worth £1550 at the end? Please somebody advise me regarding this matter.

 

Your help and words are very much appreciated. Many thanks in advance.

[Crocdoc]

At the point of Sequestration the upper value of a vehicle that would not be taken into account was £1000,00, this figure has since been increased to £3000,00. I cannot understand why they chose to exclude the original vehicle, however I will read into this one and come back later today. Can you confirm that the Scottish Accountant in Bankruptcy passed your file to an external IP?

Was the original vehicle subject to a Hire Purchase Agreement at the point of Sequestration?

[Mikey17]

Hi Crocdoc,

 

I've entered sequestration as a result from my trust deed application failed to become protected. So my current IP arranged everything for my sequestration until I got a letter from AIB saying I've entered the sequestration. In the letter also saying that I will stick to my IP as my trustee. So basically, my application for sequestration is thru them.

 

No, the original vehicle was not subject to Hire Purchase Agreement. Many thanks Crocdoc. Looking forward to hear some more opinions.

[Crocdoc]

This is accurate as it stands today, it would appear that your IP is dealing with the car based on the old upper limit.

A Sequestrated person can discuss with the trustee what is essential for work, for example, a car (up to the value of £3000)..

The Accountant in Bankruptcy (AiB) generally uses Glass’s Guide for vehicle valuation, taking the "trade in valuation" that matches the condition of the vehicle. This is the standard procedure, but if a client can provide a written valuation from a reputable source such as a large chain garage this may be considered by the AiB to be a more accurate valuation of the vehicle as it will take more detailed account of its condition and state of repair.

81b A vehicle valuation can be requested from Glass’s Guide online for a charge,

I would suggest that you contact the Scottish Accountant in Bankruptcy and question this issue. The details are as follows:

 

Helpline: 0300 200 2777

Tel: 0300 200 2600

Fax: 0300 200 2601

E-mail: [email protected]

[Mikey17]

Eventhough if my IP is dealing with the car based on the old upper limit, shouldn't I got an allowance to own a car? Based on what they said to me, they want the whole value of the car. Which will leave me with nothing. Not even a £1000 limit. This is their sentence to me:

 

With regards to your motor vehicle, I note that your vehicle is valued at £1,550. These funds will be required to be paid to your sequestration, as your motor vehicle was an asset at the outset of the sequestration. So if you decided not to sell your car you would have been required to extend your payments for the value of the vehicle.

 

Thanks for your advise again Crocdoc.

[Crocdoc]

Do you have anything in writing from the outset stating that the IP has no interest in the car ?

[Mikey17]

Unfortunately no, I haven't got anything in writing.

[Crocdoc]

I would have a chat with the AIB , they are normally very reasonable to deal with.

[Mikey17]

Thanks Crocdoc. At the moment I'm asking the IP to review their decision. If this matter can't be resolved, I will consult with AIB. Cheers. I will update this space for any outcome.

[Mikey17]

Hi, I just thought to update my case status here to get some opinions.

 

I received a call from my IP yesterday, and they gave me an answer after reviewing their decision since last week.

 

They decided to ask half the value of my car (£1550), rather than taking the full amount. Hmmm... I obviously not happy with this decision. First, I don't know what the base of their calculation/decision. Secondly, why NOW?

 

They told me they are interested with my car from the beginning of my sequestration. They just let me used the car to go to work, and don't want to bother me with the car issue at that time. And when the time has come, they just told me they want the value of the car. Could pls someone advise me; IS THIS LEGAL??

 

My point is, if they're really interested with my car from the beginning, shouldn't I've been informed about that? And they DID NOT tell me the options whether I could sell my car and buy the cheaper one, or I could find third party to raise a sum similar to the difference between the value of the car and £1000 ( they said it's £1000, not £3000). Again.. IS THIS LEGAL?? I kind of see it like mishandling case.

 

They mentioned that my allowance for the car is £1000 as I signed the sequestration 3 years ago. So I have to stick to the old guide, not the new £3000 limit. But they asked £750 from me today, and I don't know how they calculated it.

 

I have told them that I will speak to AIB regarding this matter, as I am so confuse and not happy with this situation. I will update this space again for any updates.

[Crocdoc]

What they are not telling you is that they would need to apply to the court if you refuse. They are correct in saying that the upper value was £1000 when you entered Bankruptcy.

[Mikey17]

Then I should get £1000 allowance and only £550 goes to them. Am I correct?

[Crocdoc]

Then I should get £1000 allowance and only £550 goes to them. Am I correct?

 

You could argue that point and emphasise that you require the car for work.