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Financed a car for someone who hasn't ever paid back. Help!?
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Wow, people can do this to their own mother over a car.
If I did that to my lovely mum I would deserve to have a fatal accident in the car.0 -
Sorry to hear of the situation and in particular the impact this is having on your mum. Presumably, they came to your mother for the money as they could not secure finance for the car from a mainstream lender. The problems your mother is now having suggests that the lenders were right to avoid them.
Unfortunately I don't think that that car can be considered stolen. If she had arranged to sell them the car and they took it and failed to pay for it then maybe so but in my understanding this is just a straight loan that cannot be recovered. I think your only course of action is the small claims court. I assume that you do not have any written agreement in respect of the loan but don't let this put you off. Posts elsewhere on these forums have indicated that in such cases the money is not assumed to be a gift unless there is strong evidence to that effect.0 -
Make sure your mother cuts your brother out of her will. Sadly, there's little else you can do without written proof that the car was not a gift.I used to think that good grammar is important, but now I know that good wine is importanter.0
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Unfortunately I don't think that that car can be considered stolen. If she had arranged to sell them the car and they took it and failed to pay for it then maybe so but in my understanding this is just a straight loan that cannot be recovered. I think your only course of action is the small claims court. I assume that you do not have any written agreement in respect of the loan but don't let this put you off. Posts elsewhere on these forums have indicated that in such cases the money is not assumed to be a gift unless there is strong evidence to that effect.
If the car is on finance (HP/Conditional Sale) the OP's mother cannot sell the vehicle or gift it to anyone as she is not the legal owner and wont become the legal owner until the finance has been settled.
She has given permission for her son to use the car, if she revokes this permission he no longer has permission to be in possession of the vehicle I would anticipate she could seek recovery of the vehicle.
If the finance is by way of personal loan then its a different story as she owns the vehicle and can do with it what she likes. In that event its unlikely that she will be able to recover the money or the car.0 -
As other posters have said, it is important to clarify whether the car is no HP or not.
Aside from this, its the OP's own brother that is causing distress to his mum. If it was me, I would pay up the finance to help my mum....then go round and kick the **** out the little sod until his wallet opens or he hands the keys over!0 -
Brock_and_Roll wrote: »As other posters have said, it is important to clarify whether the car is no HP or not.
Aside from this, its the OP's own brother that is causing distress to his mum. If it was me, I would pay up the finance to help my mum....then go round and kick the **** out the little sod until his wallet opens or he hands the keys over!
Normally I'm against violence but I fully agree the little scrote needs a kicking on principle.urs sinserly,
~~joosy jeezus~~0 -
Sad state of affairs, let Brother know that he is no longer considered within her will, there really isn't any other effective measure available.
You could go after them through an agency but they have to have the money to repay it to your Mother. It sounds like they do not.
Good luck...Sealed pot challange no: 3390 -
English Law (England & Wales)0
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The logbook means nothing with respect to who the legal owner is of the vehicle.
Is the finance a personal loan or HP/Conditional Sale?
Can you tell me more about what you mean regarding the logbook. I believe its in her name, but they hold all the documents so I'm arranging duplicates.
Has anyone at all, had to repossess a car / deal with a situation like this with a family member? He is voilent, aggressive, extremely manipulative and has nothing to lose.0
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