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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9589
Experience:  I have been practising for 30 years.
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I paid for a car for my son to use ,he was/is to pay me back

Resolved Question:

Hi i paid for a car for my son to use ,he was/is to pay me back when he can, his name is ***** ***** reg doc,and it is insured in his name,he is now in serious debt problems and will probably go bankrupt, can the sheriffs or receiver claim my car, i have my bank statement showing the money came from my bank
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

How much is the car worth?

How much did you pay for it?

When did you buy it?

Has he paid you any money back?

Is there any finance on it?

Customer: replied 1 year ago.
163;4000, £4750, march 2016, £100 in cash paid back, no finance
Customer: replied 1 year ago.
i am also suing the previous owner for repairs as not as described on ebay ( i have judgement awarded)
Expert:  F E Smith replied 1 year ago.

A motorcar is deemed to be essential to modern living. It would be required to go to work and suchlike. Hence, bailiffs have a limit above which they are allowed to seize the car and that is £1350.

A trustee in bankruptcy just has to have a reasonable limit and they would not normally want a car sold unless it’s over £2000 or so.

The V5 only gives details of the registered keeper and not the owner. It says that on the document.

If your son goes bankrupt, and the issue of the car gets called into question, would need to show the date of purchase of the car and the money coming from your bank account and hence, show that it’s not his car, but your car, and that you simply allow him to use it because he doesn’t have enough money to buy his own car.

The legal proceedings in your name are also pretty persuasive that it’s your car and not your son’s car.

Can I clarify anything for you?

Please rate the service positive. It is an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES

Customer: replied 1 year ago.
could you just advise me what would happen if a debtor sent the sheriffs in he has no other assets thanks
Expert:  F E Smith replied 1 year ago.

If he has no assets, they can’t take anything. It’s as simple as that.

They cannot force their way in to a property unless the debt is in respect of money owed to the government such as council tax or a fine.

If he has no assets, then the debts die with his bankruptcy.

It doesn’t wipe out arrears of maintenance or student loans, court fines, secured loans, compensation you owe to others in respect of personal injury or death, benefits or tax overpayments or social fund loans.

You cannot be made to pay his debts

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
the sheriffs could not take my car?? have i watched to many tv shows lol, many many thanks for all your help and i will def give you 5 stars regards Geoff