Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • lilacclaire
    • By lilacclaire 6th Dec 17, 9:24 PM
    • 131Posts
    • 46Thanks
    lilacclaire
    Legal owner of car ?
    • #1
    • 6th Dec 17, 9:24 PM
    Legal owner of car ? 6th Dec 17 at 9:24 PM
    I have a car on finance, but the finance is in my ex's name and comes out of his bank account, I transfer the money over once a month to cover the payment. The log book, insurance, tax etc is all in my name.
    Things have turned a bit sour and he forced his way into my house and tried to take the car keys, a bit of a scuffle but I managed to get them back. Its really the last hold he has over me. I need the car for my job and he knows I really can't do without it for kids/work.

    So can he legally take the car? If he can I will cancel everything and leave it outside his house and go and buy a cheap runabout. TIA.
Page 1
    • wgl2014
    • By wgl2014 6th Dec 17, 9:55 PM
    • 423 Posts
    • 255 Thanks
    wgl2014
    • #2
    • 6th Dec 17, 9:55 PM
    • #2
    • 6th Dec 17, 9:55 PM
    Legally it sounds like your car regardless of who the finance has been taken out by however that's little conciliation if he comes and takes the car. What kind of finance is it and when it's paid off what's going to happen to the car? If there is some value or equity you are probably going to want to keep it, if not then hand it back to him and sort yourself out with s different car.

    Have you reported the incident to Police where he broke in and assaulted you? If not I suggest you do.
    • bazzyb
    • By bazzyb 6th Dec 17, 10:20 PM
    • 1,059 Posts
    • 3,203 Thanks
    bazzyb
    • #3
    • 6th Dec 17, 10:20 PM
    • #3
    • 6th Dec 17, 10:20 PM
    The legal owner of the car will almost certainly be the finance company (depending on what type of agreement). The agreement likely states that the person named on the agreement should be the main user and the registered keeper, and anything other than this will be in breach of it.

    When the agreement ends (and all payments have been made), the person named on the agreement will become the legal owner and get full title to the car.
    • lilacclaire
    • By lilacclaire 6th Dec 17, 10:26 PM
    • 131 Posts
    • 46 Thanks
    lilacclaire
    • #4
    • 6th Dec 17, 10:26 PM
    • #4
    • 6th Dec 17, 10:26 PM
    The car won't be paid off for nearly 4 years, if I stop making the payments and hand it over to him he won't be able to afford it and it will certainly be repossessed by finance company. I have the finance paperwork etc, I may talk to the finance company and see if they will let me take on the finance if I can show i've been making the payments.
    I don't really care about any equity.

    I plan on visiting the police station tomorrow to talk over my options.
    • n217970
    • By n217970 6th Dec 17, 10:31 PM
    • 244 Posts
    • 180 Thanks
    n217970
    • #5
    • 6th Dec 17, 10:31 PM
    • #5
    • 6th Dec 17, 10:31 PM
    The car won't be paid off for nearly 4 years, if I stop making the payments and hand it over to him he won't be able to afford it and it will certainly be repossessed by finance company. I have the finance paperwork etc, I may talk to the finance company and see if they will let me take on the finance if I can show i've been making the payments.
    I don't really care about any equity.

    I plan on visiting the police station tomorrow to talk over my options.
    Originally posted by lilacclaire
    Careful, you will still be the registered keeper and responsible for insurance/tax, something tells me he will be unwilling to transfer the car into his name....
    • lilacclaire
    • By lilacclaire 6th Dec 17, 10:34 PM
    • 131 Posts
    • 46 Thanks
    lilacclaire
    • #6
    • 6th Dec 17, 10:34 PM
    • #6
    • 6th Dec 17, 10:34 PM
    Careful, you will still be the registered keeper and responsible for insurance/tax, something tells me he will be unwilling to transfer the car into his name....
    Originally posted by n217970

    Whatever gives you that idea
    • terrycalvert
    • By terrycalvert 7th Dec 17, 6:13 AM
    • 3 Posts
    • 1 Thanks
    terrycalvert
    • #7
    • 7th Dec 17, 6:13 AM
    • #7
    • 7th Dec 17, 6:13 AM
    That is totally depending on which type of car finance you have done.....
    • BoGoF
    • By BoGoF 7th Dec 17, 6:29 AM
    • 2,741 Posts
    • 1,976 Thanks
    BoGoF
    • #8
    • 7th Dec 17, 6:29 AM
    • #8
    • 7th Dec 17, 6:29 AM
    Is there any reason why you couldn't just get a new car on finance in your own name. If its got 4 years to run thats 4 years of potential grief.
    • angrycrow
    • By angrycrow 7th Dec 17, 7:07 AM
    • 407 Posts
    • 307 Thanks
    angrycrow
    • #9
    • 7th Dec 17, 7:07 AM
    • #9
    • 7th Dec 17, 7:07 AM
    As others have said a lot depends on the type of finance. HP or PCP the car belongs to the finance company and if the finance is in his name it's his problem to meet the payments. If the finance is a personal loan in his name but you use the car it's a much muddier issue.

    If PCP or HP in his name one option open to you is simply to park the car outside his house, post keys through his door, go home cancel your insurance and online on the gov site transfer the v5 of the car into his name. Car is then his responsibility and problem with no come back on you. You can then cut all tiers to him. Obviously if this is likely to result in further violence on his part do not do so as your personal safety is far more important than a car.

    Definitely speak to the police about the home invasion so it is on record even if you decide not to pursue charges. Most police would be happy to pursue the option of going to see him to have a friendly off the record chat about the charges he could have faced.
    • AdrianC
    • By AdrianC 7th Dec 17, 8:43 AM
    • 15,775 Posts
    • 14,075 Thanks
    AdrianC
    Whatever the status of this car, the "hold" is enough reason to get out of this situation. You're transferring money to him to pay to the finance company? What happens if he decides to break that link...? The finance company won't talk to you, since you aren't their customer. The first you know is when the car gets repossessed. Sure, it'll hit his credit history - perhaps he'd view that as a small price to pay.

    Write to him. Explain - factually, politely, simply, non-emotively - that you think continuing this situation is a bad idea, so you'd like to come to some agreement to cancel it as soon as possible. Whether that involves you formally taking over the finance, or selling this car, or whatever - that's all up for discussion. But do it in WRITING to him. Pen and paper and stamp and envelope. It allows for mature thought before replying.

    If mature thought and discussion isn't possible, then it simply proves that you're right to get this untangled asap.
    • glentoran99
    • By glentoran99 7th Dec 17, 8:47 AM
    • 4,942 Posts
    • 3,950 Thanks
    glentoran99
    If the finance is in his name screw him, Fill in his details on the v5c and post it off, That why you are no longer liable for tax etc, don't pay the finance and it will be repossessed, not in your name so not your problem, and get yourself another
    • Herzlos
    • By Herzlos 7th Dec 17, 8:54 AM
    • 6,096 Posts
    • 5,526 Thanks
    Herzlos
    How much is the finance balance Vs the car? I'd be inclined to just sell the car, clear the finance and start again with a clean break.

    If the car is more than the balance, you'll get some cash back. If it's less, he's got a few months of payments to continue.

    Or transfer everything into his name, park it outside his house and put the keys through the letter box.
    • lilacclaire
    • By lilacclaire 7th Dec 17, 9:16 AM
    • 131 Posts
    • 46 Thanks
    lilacclaire
    I'll need to check the paperwork, its in the safe i'll do it later.
    I have many more years of grief I think despite the car, I have the kids he can also use as a tool to get to me. So him taking the car won't stop the grief unfortunately.
    I was really wondering if he is legally able to just take the car away from me, if he does do that then of course I will be cancelling and transferring and it will definitely be his problem. This won't stop any hassle I don't think which is a separate issue.
    • MataNui
    • By MataNui 7th Dec 17, 9:32 AM
    • 884 Posts
    • 461 Thanks
    MataNui
    How much is the finance balance Vs the car? I'd be inclined to just sell the car, clear the finance and start again with a clean break.

    If the car is more than the balance, you'll get some cash back. If it's less, he's got a few months of payments to continue.

    Or transfer everything into his name, park it outside his house and put the keys through the letter box.
    Originally posted by Herzlos

    She cant sell the car. If its on finance it belongs to the finance company. You cant sell a car on finance without the permission of the finance company. They dont even know who this person is. she is just the registered keeper and nothing else.

    OP, You are probably getting the idea now that legally you are in a very dodgy position with this car. Its not yours and can be taken off you at any time. You cant break his hold on you while you have the car. Your best bet as others have said is to change the registered keeper to his name (you can do this online) then drop the car off at his place and stop paying him.
    • macman
    • By macman 7th Dec 17, 10:00 AM
    • 41,425 Posts
    • 17,050 Thanks
    macman
    OP, being the registered keeper does not make you the legal owner. Two different things.
    No free lunch, and no free laptop
    • MataNui
    • By MataNui 7th Dec 17, 10:59 AM
    • 884 Posts
    • 461 Thanks
    MataNui
    Just give him the car. He has more legal right to it than you and it seems like its another piece of hassle you really dont need.

    Its technically 'owned' by the finance company. The Ex is who the finance company almost certainly think is the person who has the car. Whether he can actually turn up at the house and take the car isnt really relevant. What he can legally do is either stop paying (screw up his credit rating) and the finance company will then come and take the car, or in a few years time he can VT which would mean the finance company will still come and take the car.

    What is 100% clear here is that it isnt your car and the only way you can legally keep the car is if he wants you to keep it. That should answer your question.
    • Tarambor
    • By Tarambor 7th Dec 17, 2:03 PM
    • 1,769 Posts
    • 1,213 Thanks
    Tarambor
    Its not your car. Stop paying him and go buy one of your own.
    • atrixblue.-MFR-.
    • By atrixblue.-MFR-. 7th Dec 17, 2:43 PM
    • 6,465 Posts
    • 4,488 Thanks
    atrixblue.-MFR-.
    Stop paying him, fill out v5 in his name post it off (recorded) and hand him newkeeper slip and keys, let your insurance know your no longer the keeper if you don't want to cancel the policy ask them for 14days leeway while you get a run around
    I make spelling mistakes, its not intentional, its a condition I have please afford people who have these conditions some respect and not single out their posts for correcting mistakes.
    • jlemaitre
    • By jlemaitre 7th Dec 17, 5:03 PM
    • 92 Posts
    • 63 Thanks
    jlemaitre
    Some very good advice among some stupid advice.

    I have been in your situation before, Abet slightly different scenario.

    As it's not your car, I strongly suggest giving the car back to him. While he was a bit silly allowing you to be the V5C registered keeper. This doesn't mean you own the car.

    So at the earliest opportunity fill in the new keeper supplement under his name, and make sure he know's you're doing this. Even if it means getting him to fill it in himself and you, yourself must pay and send off the V5C. This will cover your back. Tell him you will cancel the insurance and the VED will be no longer valid and walk away.

    He now must take the hit, and lesson learnt. I took a £20,000 lesson and moved on. No kids was involved in my relationship, So it was an easy transaction. It's now up to him where he shall 'store' the car as it wont be insured or 'taxed', So he cant have it on the public highway until he sorts that himself, which will cost him.

    Yes this means you are without a car, This is your lesson. What happened to my ex, I never knew, Nor cared.
    • jimjames
    • By jimjames 8th Dec 17, 5:08 PM
    • 12,241 Posts
    • 10,778 Thanks
    jimjames
    Stop paying him, fill out v5 in his name post it off (recorded) and hand him newkeeper slip and keys,
    Originally posted by atrixblue.-MFR-.
    I'd just do V5 transfer online, you then know it's immediately sorted and you get an emailed receipt there and then.
    Remember the saying: if it looks too good to be true it almost certainly is.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,699Posts Today

7,048Users online

Martin's Twitter