Legal Advice on Debt Problems - Legal Advice Centre

Questioner

Good morning,.. The following is the case: I donated a car to my then partner on April 17, 2013. In April 2015 I registered for municipal debt assistance. This was rejected due to the creditors and therefore I was registered for the Wsnp in March 2016 through debt assistance, where I received the ruling on 12-09-2016 that I was admitted. In October 2015 I left the aforementioned partner and as an act of desperation/means of power she demanded that I put the car in my name because she didn't want it anymore. After all, she thought that the car was a means for me to come back to her and she knew that if I had a car in my name... I would get into trouble because of my registration for debt counselling in April 2015. With this (mean) move of hers she hoped that I would not leave her! Yet I did this, however...... the car had to be removed from her name. This is where my cousin came into the picture and she appropriated the car! I had a lot of debts to my cousin and she saw this as a nice way to pay off these debts. I agreed with her that this would settle my debts to her! The examining magistrate has, according to the administrator, decided that the car is now part of my estate and the (important) question is whether I can remain in the Debt Restructuring Act! I now see that I should have given the car to debt counselling at the time instead of settling my debt with my cousin myself! Ignorance! To what extent is ea legally valid/allowed or should this never have happened and should I have informed the debt counselling about the engine? What counts and when when it comes to the transfer of the car, date of registration Wsnp and/or entry Wsnp?!? Did I act wrongly and is the bankruptcy judge allowed to remove me from the Wsnp while this took place in the debt counselling/amicable process and not in the Wsnp!? Almost a year before I only entered the Wsnp. In any case, the RC has decided that the car is mine and we are waiting for my cooperation. If I give up the car... then there is a (how much?????) chance that I can continue my Wsnp, albeit with an extension. If I do not cooperate, I will be evicted without mercy!

Lawyer

Dear sir, You knew or could have known that all creditors, including your cousin, should have submitted their claim against you to the administrator. I advise you to put on a big sackcloth and ashes with your administrator and the examining magistrate and also to consult with your administrator that you really meant well and that you want to do everything to stay in the WSNP. Incidentally, the administrator can reclaim your cousin's car. In whose name is the car now registered? Do you have any questions? Please feel free to ask. Yours sincerely,

Questioner

Dear Mr. Albersen My thanks for your response. The car has been in the name of the aforementioned niece since October 2015! In September 2016 I joined the Wsnp... after the application which took 5 months.