Legal advice sought

Homersimpson

If the car is on hire purchase then anyone who buys it should carry out an HPI check that will show this. If they don't then as far as I understand it the finance company can reposses the car from them when they find out as the car is security for the loan and without it you the borrower has no incentive to pay the money back, indeed I think with hire purchase the lender owns the car until you finish paying for it.

cale1

Your right in saying the HP company owns the car till the finance is paid off. I did think about telling them to just repossess it but then that would affect my credit so wouldn't be worth it.

cyclonebri1

What acrappy mess Cale, but you seem to have received some very good advice fron DB and Wig, follow it through, and good luck.

cale1

Thanks everyone for all your advice so far, much appreciated.

Phoned the DVLA this morning who were as useless as ever! They had no idea if the original V5 was sent in to change the RK but i assume as they did not write to me to confirm the transfer it must have been. I have sent an e-mail of complaint detailing everything.

I also phoned the finance company, Only option they gave me was for me to miss my next payment then tell them to repossess the car, they would then sell it to pay off the finance. I know its not ideal and it would affect future credit for 6 years but at this point i am past caring and just want an end to it! I can't eat or sleep worrying about this. They could have it all done in a few weeks i'm sure.

re- police, they insist it is a civil matter and won't get involved.

Am waiting to hear back from solicitor re the letter they sent but i can just tell going to court would take weeks if not months and not sure i have the strength for that.

movilogo

If you give someone permission to use your car for 7 days, and you don't get the car back after that, you can very well report it as stolen!

cale1

I wish that were true movilogo.
The police see it a civil matter as my ex and i lived together so its not like i just loaned it to a mate. Apparently that makes a difference in cases like this.

DirectDebacle

So the police don't want to get involved, which changes the situation little.

Correct me if I am wrong but as I understand it so far this is the state of play:

1. Your ex is in possession of your vehicle and has retained possession after you withdrew your permission for him to keep it.

2. He is attempting to establish ownership by having the V5 changed from your details to his, insuring the vehicle in his name only (presumably he has stated he is the owner to the insurers) and has made some of the HP payments.

On the face of it things do not look good from your point of view. He has established some of the necessary requirements that tend to show ownership of a vehicle.

Your lifeline at the moment is the H.P. agreement. This is the only real proof that you are the legal owner. You need copies of this agreement and bill of sale asap. You need to keep in close touch with the H.P. company and make them your friends.

Consider that your ex has your copies of the H.P. agreement and the H.P. company probably have a record that he has made payments. The priority of the H.P. co. is to ensure the payments are made. They will not be too fussed as to who makes them or who 'owns' the vehicle. If your ex continues as he has so far then it may well be that he attempts to persuade the H.P. company to transfer the account to him. If that happens you will really be up the creek.

I would suggest that you inform the H.P. co. of the full facts in writing and post recorded delivery. Of course you reiterate that under no circumstances is the account to be transferred from you.

Explore the possibility of coming to some arrangement with the H.P. co that they do repossess it in such a way that your credit rating would not be affected. They may be able to allow you to miss a payment which entitles them to re-possess and then dispose of the vehicle by 'selling' it back to you for the price of the missed payment and recovery expenses. They should have discretion as to whether they note it on your credit record or not. I don't know if this can be done but no harm in asking. As I said, make friends with the HP people.

Another aspect is the validity of the insurance. In an earlier post you said you had been in touch with the current insurers and they were investigating the matter. I would recommend you chase this up. If your ex has informed the insurers that he is the owner as opposed to the regd. keeper then there is a very good chance that the insurance is invalid. If the vehicle were to be involved in an accident it is likely that the insurers, who are always on the lookout to avoid paying claims, may well use this situation as their excuse for doing just that. All depends on the T&Cs of the policy document and the proposal form. It is however a real risk.

The best solution by far is to persuade your ex to arrange for the vehicle to be returned to you. How likely this is only you can judge.

Remember to ask the solicitor if there is any legal device to prevent him from selling the vehicle or the possibility of taking out an injunction preventing him from driving that particular vehicle.

cale1

You are right in everything you have said above DD.

Have just spoken to solicitor and they have not received a response from him re their letter. Next step with them would be to apply for legal aid and raise the court action. She did say it would take a fair bit of time and cost thousands! (not sure if i would have to pay a contribution once i got car back to sell?).
She also didn't think there was such a thing as an injunction to prevent him selling it. If there was though sure it would take just as long to get to court for it.

I will call the finance company again and see if they would go for what you suggest but even if they don't i think i am at the point i don't care about my credit rating! I have already got a note on my file with the finance company to say that under no circumstances are they to accept payments from anyone other than myself.

Definitely no chance of ex just returning the car, at the moment i am sure he thinks he has me beat by having the V5 in his name.

Spoke to his insurance company yesterday and they sent a letter to him regarding it but hadn't heard back. If he has told them he is the Rk then at the moment in time that would be true!

DirectDebacle

This thread has reminded me of a case from about 15 years ago. A businessman who spent much of his time abroad was going through a divorce. He instructed his wife to sell his Rolls Royce. Things must have been rather acrimonious as she sold the vehicle for £5.00. It was worth around £30k. He took her to court for the difference and the judge ruled in her favour. He ruled that the wife had merely followed the instructions that she was given and that was to sell the car. As the businessman had not told her what price to achieve for it then that was his fault.

Hell hath no fury.....

cale1

OUCH!! lol
Wouldn't have liked to be in his shoes. He must have been devestated.