Seeking Advice on Car Finance Post-Bankruptcy

[Winter Bird]

Hi everyone,

I'm looking for some advice regarding a tricky situation I'm in with MotoNovo Finance. I was declared bankrupt and have since been discharged. I had a hire purchase agreement with MotoNovo that was included in the bankruptcy. The official receivers weren't interested in the car due to its lack of value, and MotoNovo chose to take the car back rather than allowing the HP to continue.

After a couple of weeks without hearing anything, I reached out to MotoNovo. They suggested that a voluntary surrender would speed up the process. However, upon reviewing the form, I noticed that it would make me liable for various costs and issues, so I decided to let the bankruptcy process take its course instead.

Now that I am discharged, MotoNovo is still insisting that I need to sign a voluntary surrender form. I haven't signed anything so far because I technically never voluntarily surrendered the car—they refused to allow me to keep it.

Additionally, I'm worried because I am still the registered driver of the car.

Do I need to sign this voluntary surrender form? What are my options here?

Thanks in advance for any advice!

[atticus]

I cannot see why this should be necessary.

Are they threatening any consequences if you do not sign?

[Winter Bird]

At the moment they are saying that they can not retrieve the car until the voluntary surrender form is completed, nothing threatening yet.

My fear is that as the registration keeper I will end up in some sort of limbo, responsible for it but not able to use it, move it etc.

As far as the the official receivers are concerned the car was listed in the bankruptcy and therefore there should be no comeback on myself.

[atticus]

Ah, I understood that MotoNovo had already taken the car back.

You need to make sure that they understand about the bankruptcy, take the car back, and confirm that they will not pursue you for any payment but will lodge their claim with the Official Receiver.

[Winter Bird]

Thank you for coming back.

I have already taken these steps. I contacted MotoNovo today to say I am now discharged and have a certificate from the insolvency office. They still want me to go through the voluntary surrender route. My guess is as it would be a new agreement I would end up being liable somehow.

[atticus]

Say it again. That is all I can suggest. Keep repeating the point. Ask to speak to someone higher up the chain.

Will the PR help you?