OR Telephone Meeting Today

[Skippy]

I was told by my IP that if the OR was going to take my car I could make an offer providing the money came from a third party. He told me to start low, and if they didn't accept it to then increase it.

I would definitely ask to speak to someone higher up as the way you are being treated seems very unfair. You should have received a leaflet from the OR giving details of their code of practice and what to do if you are not happy with the way your case is being dealt with.

Kerri, did they really take someone's CD collection? I didn't even think to declare that on my SOA. I've just told Dave and he said not to worry, if the OR had taken them she would have paid me to have them back!

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[Adam Davies]

Hi
The thing is that you could have a £500 suit in your cupbooard or a 42" plasma tv in your lounge,where do you draw the line for listing assets.
I always thought that normal household items were safe in bankruptcy and would class a digital camera,video camera and golf clubs in that category.Maybe if you had been out the week before using your credit card to buy such items it would only be right to have then taken off you but I presume that in this case they were all purchased a while ago.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[Skippy]

That's the way I looked at it Andy. I listed my laptop, but I put that down as approx £100 as it's temperamental and end of line when I bought it over a year before I went BR.

I didn't list my camera, as although I bought it on a credit card when I looked on the Panasonic website the cheeky so and sos had brought out 2 more advanced models in the 8 months since I'd bought it! It was selling for less than £100 on Ebay (brand new) so I didn't think the OR would be interested in my slightly dented used model!

It is so hard to know what to list and what not to list as assets. Obviously things like cars and property have to be listed, but it's a shame there aren't any guidelines. What's an asset to me might not be considered an asset by someone else and vice versa.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[UPINSMOKE]

The car was 18 months ago, the computer about the same, golf clubs 1 year ago, video camera 3 years, but digital camera was this year.

[Adam Davies]

Hi
Well I can,t see why you have to surrender them.
You really must challenge this
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[UPINSMOKE]

The trouble is that if I challenge this, I feel that they would take it that I was not cooperating with the OR. I am worried that they may decide further action if I do this.

Mick

[Adam Davies]

Hi
Not at all,you are entitled to question decisions.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[MelanieGiles]

Follow Queenie's advice if you have someone who can make an offer for you. I have spoken to a number of my colleagues and other IP's about your post, and we find it completely unbelievable that these assets have been taken into account.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[h_g]

I'm getting the feeling that because you have been honest and declared these items the OR is worried that he would be seen to be negligent if he just completely ignores them. I suspect that he will happily listen to his agent when he says that they are not worth the cost of realisation.

The car is more tricky though - has someone given you assistance putting together an argument as to why you need it?

What you need to read can be found at

http://www.insolvency.gov.uk/freedomofinformation/
technical/casehelpmanual/M/MotorVehicles.htm

http://www.insolvency.gov.uk/freedomofinformation/
technical/techmanvol1/ch25-36/Chapter31/part2/part3/part_3.htm

http://www.insolvency.gov.uk/freedomofinformation/
technical/casehelpmanual/E/ExemptProperty.htm

[UPINSMOKE]

Well have been in touch with the OR and they will not budge on the car or any of the other Items. I have now to wait till their agents get in touch with me before I can go any further. I have to give the agents the name and tel number of my Friend who will be making an offer on all of the Items in question. I cannot make an offer myself and my friend pay for them. Its up to the agents to agree a price not the OR so I have been told.

Feel like giving up and telling them to keep it all. I just cannot see what they will get out of it.

I cannot keep the car because I live and work on site and according to them they do not allow the use of it for shopping,and other leisure purposes.

So still waiting to her from the agents.

Mick

[Skippy]

Have you asked to speak to someone more senior about this? I think it's disgraceful that you are being treated like this, but I also think that they are wasting an awful lot of money as it's probably going to cost them more to take the stuff than they will make.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[queenie]

Upinsmoke
It will probably be to your benefit to let their agent value the items. The agent will only value them at what they beleive they can acheive at auction, which will be considerable less than you think!
Your friend will then pay the agent for the items, and the price they pay can be negotiated with them. The agent would rather sell directly to a third party and have ready cash than take the risk of not selling items, or getting considerably less, at auction.

Queenie

[UPINSMOKE]

Hi Queenie thank you for the advice I will have to wait now till they contact me. By the way how do you know all this, did you work for some agents at some time.

One other thing do they need to see the Items for a valuation, or just estimate from what I tell them

Mick

[MelanieGiles]

I think that the agent will believe that his time is being wasted by the OR's office. This is quite simply the most ludicrous bankruptcy thread I have read all year.

Queenie's profile says that he/she used to work for the Official Receiver, so presumably has experience of this from the other side of the fence.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[queenie]

They will just estimate from what you tell them with regards to the electrical stuff. With the car they will need to know age, mileage and general condition.

As Melanie said, I am ex Official Receiver's Office. Lot's of inside info I am glad to share, especially in situations such as this particularly farcical one.

Queenie