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Coming To The End - Car Value Question

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(@scotslad)
Estimable Member
Joined: 14 years ago
Posts: 157
Topic starter  

When I signed up to my Trust Deed, this time seemed so far away. But on February 1st I make my last payment.

At the initial meeting with my Trustee I was told that the value of my car would be assessed at the end of the Trust Deed: In writing I was told as follows:

"As for your vehicle this will only be brought into the Trust Deed should it have a value of more than £1,000.00 at the end of the Trust Deed. As the vehicle is likely to have a value below this threshold we will not seek to bring the value into the Trust Deed but you must be aware that this will occur."

Now - checking the value of my car at this stage I can see it is around £1,500...

My concern is this will be dragged out for another six months while I meet this cost. Have I been misled?

ScotsLad


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hello Scotslad.

I don't suppose you've been misled if they genuinely thought it likely that the car would be worth less than £1000 at the end of the arrangement?

I can understand that you'll just want everything finished though.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@voice-reason)
Estimable Member
Joined: 13 years ago
Posts: 106
 

I would certainly say that you haven't been misled as the quoted passage seems quite clear.

One thing to bear in mind however is that the de-minimis value set by the Accountant in Bankruptcy with regards to vehicles has subsequently increased to £3,000.

Whilst I have no idea the atitude your Trust Deed company will take, it might be worth pointing that out to them. I can't imagine they would be so bullish as to pursue the matter on that basis. Perhaps one of the experts on here could confirm how they would treat the matter?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi Voice of Reason.

I think it's as simple as when the trust deed was signed. If it's before the change £1000 applies, if it's after £3000 applies.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@scotslad)
Estimable Member
Joined: 14 years ago
Posts: 157
Topic starter  

Thanks for the replies. I signed before the increase to £3,000 - a matter of months before if I recall correctly.

Should I contact them to query this? Or only answer when/if they ask for details about the value of the car or will they do this themselves?


   
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(@scotslad)
Estimable Member
Joined: 14 years ago
Posts: 157
Topic starter  

quote:


Originally posted by Trust Deed Assistant

Hello Scotslad.

I don't suppose you've been misled if they genuinely thought it likely that the car would be worth less than £1000 at the end of the arrangement?

I can understand that you'll just want everything finished though.



   
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(@scotslad)
Estimable Member
Joined: 14 years ago
Posts: 157
Topic starter  

Sorry - I was supposed to reply to the above post saying I'm surprised with the current value given the mileage and that the car is French! 🙂


   
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Chris Wardle
(@chris-wardle)
Estimable Member
Joined: 13 years ago
Posts: 249
 

Hi ScotsLad,

I presume it's you who has placed the value of £1,500 on your car? Your Trustee may value the car at less than the £1,000 limit that was in place at the time you entered into your Trust Deed.

There are websites online that can give you a free valuation. When we look at an online valuation site, we normally go on the poor condition valuation. You may find that if you take this value, it's less than the £1,000.

If you and your Trustee can't agree on a valuation i.e. they say it's worth more than £1,000 and want you to continue with payments then you can have a car dealer value the car or an auctioneer. They may do this for free or a small fee. Your Trustee may be prepared to accept this and abandon their interest.

Chris is not currently posting in the Trust-Deed.co.uk forum.


   
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(@scotslad)
Estimable Member
Joined: 14 years ago
Posts: 157
Topic starter  

quote:


Originally posted by Chris Wardle

Hi ScotsLad,

I presume it's you who has placed the value of £1,500 on your car? Your Trustee may value the car at less than the £1,000 limit that was in place at the time you entered into your Trust Deed.

There are websites online that can give you a free valuation. When we look at an online valuation site, we normally go on the poor condition valuation. You may find that if you take this value, it's less than the £1,000.

If you and your Trustee can't agree on a valuation i.e. they say it's worth more than £1,000 and want you to continue with payments then you can have a car dealer value the car or an auctioneer. They may do this for free or a small fee. Your Trustee may be prepared to accept this and abandon their interest.


Hi Chris - thanks for the reply.

It was indeed me that put this value on the car, I used Parker to find out the fee and went with the 'Poor' value.

The car is on Hire Purchase, and the agreement isn't due to end until 2014. Does this change anything? I was just thinking on HP I don't actually own the car until the final payment - so can it be considered as an asset?


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Scotslad

If it's on HP you dont have title to the vehicle and the value would be the actual value of the vehicle less the outstanding finance. From the information, this is likely to fall below the £1,000 limit and should therefore be excluded.

Best speak with your Trustee, however I don't see a situation from the information you have provided where this will be a problem. The only exception or argument the trustee could make is that he could sell the Car, pay off the finance and keep the balance, but in the current market, this is a very unlikely scenario.

Mark

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@scotslad)
Estimable Member
Joined: 14 years ago
Posts: 157
Topic starter  

In that case Mark it's likely to be a negative figure.

Good to know - thank you.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Scotslad

No problem at all. Trust Deeds should be set up at the start to kill all unknowns. That way there is no doubts and peeople can look forward to the 3rd anniversary with no worries.

Mark

PS Don't be rallying the car through the streets just to make sure!!

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@scotslad)
Estimable Member
Joined: 14 years ago
Posts: 157
Topic starter  

I'll already removed the doors - not great in this cold weather though! 🙂


   
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(@upstream)
Reputable Member
Joined: 14 years ago
Posts: 251
 

When exactly was the date that the threshold went from £1000 to £3000?

Glad that's over with....


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hello upstream.

I believe it was 15th November 2010.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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