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Laptop ownership issue.

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I'm not sure where to post this but think this is the right forum.

I and my ex partner both bought each other laptops for last xmas. I paid for hers outright but she bought mine on finance.

She can now no longer afford to keep up the payments on my laptop. A swap isn't viable as both laptops are completely different spec and hers isn't powerful enough for the work I do on mine.

She's asking if I can take over the payments on my laptop which I can afford to but then I will have paid for 2 laptops. She rarely uses hers so I've said I'll take over the payments if I get hers back, I can then either use it as a spare or sell it to gain back some of the money I spent on it initally.

Where do I stand legally if she refuses to make any more payments on my laptop? It was given to me as a gift but all the payment details are in her name.

Its a bit of a thorny issue and any help would be greatfully received.
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Comments

  • hartcjhart
    hartcjhart Posts: 9,463 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    AFAIK, the laptop is the property of the finance company untill it is paid for,

    is it such a 'bitter' break up that you cannot just bite the bullet and pay off the finance on your computer and get on with life,you say you can afford it and she cannot,

    and why would you want to deprive her of a 'gift' you gave her

    sounds very childish to me
    I :love: MOJACAR
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hartcjhart wrote: »
    sounds very childish to me
    Hear, hear.

    (or is it here, here?) :D
  • phillh79
    phillh79 Posts: 160 Forumite
    hartcjhart wrote: »
    sounds very childish to me

    Break up's can get childish!

    We originally said when we split that we both keep our own laptops and she would continue paying it as normal.

    She's now saying I either have to pay for it or she will contact the finance company and they will collect it from me, I'm not sure if you have been through a difficult break-up or not but I'm not prepared to be blackmailed by an ex.

    I'm just looking for advice on the legal ownership issue. Does the debt stay in her name or have they got a right to collect it from me even though I have no connection to it as far as the finance company are concerned.
    Why buy when you can win!
    BEST WINS 2009: SONY BRAVIA TV SONY BLU-RAY PLAYER
    WINS IN 2010: CREME EGG BEACH BALL :rotfl:
    What i want to win: [STRIKE]Blu-Ray Player[/STRIKE]/PS3, Home cinema system, More Beer!!!
  • If she stops paying, the finance company will seize the laptop, it doesn't matter where it is. So the debt won't transfer to you, but you will lose the laptop. If you want to keep it, you'll have to pay off the finance on it.

    She isn't blackmailing you, she's right. If she stops paying, you lose the laptop.

    If its really that good, pay it off and own it outright. Then you don't need any connection with her anymore. As far as I know, you have no legal rights to her laptop back, as you gave it as a gift at the time, so it belongs to her.
    Signature down for maintenance :rotfl:
  • hartcjhart
    hartcjhart Posts: 9,463 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    phillh79 wrote: »
    Break up's can get childish!

    We originally said when we split that we both keep our own laptops and she would continue paying it as normal.

    She's now saying I either have to pay for it or she will contact the finance company and they will collect it from me, I'm not sure if you have been through a difficult break-up or not but I'm not prepared to be blackmailed by an ex.

    I'm just looking for advice on the legal ownership issue. Does the debt stay in her name or have they got a right to collect it from me even though I have no connection to it as far as the finance company are concerned.


    yes I am fully aware that break ups can get childish,but she is not blackmailing you,she is saying that she can no longer afford to pay for it and wants to cancel the finance agreement(although she will still have to pay them something),

    if you want the laptop you will have to pay,simple

    your best bet is to contact the finance company and explain the situation and ask for a settlement figure
    I :love: MOJACAR
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    How much is the outstanding finance?
    Gone ... or have I?
  • System
    System Posts: 178,353 Community Admin
    10,000 Posts Photogenic Name Dropper
    The chances of them attempting to repossess the laptop are so slim as to be non-existent. They will, however, continue to chase your GF for the outstanding money and possibly (probably?) pass it to a DCA if she doesn't cough up.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • phillh79
    phillh79 Posts: 160 Forumite
    So legally what ever happens I will be out of pocket.

    What legal action would the finance company take to reclaim the laptop? If I no longer had the laptop would I be liable for charges?

    I'm not sure how the finance company would bring action against me If there is no documentation saying that I now own the laptop.
    Why buy when you can win!
    BEST WINS 2009: SONY BRAVIA TV SONY BLU-RAY PLAYER
    WINS IN 2010: CREME EGG BEACH BALL :rotfl:
    What i want to win: [STRIKE]Blu-Ray Player[/STRIKE]/PS3, Home cinema system, More Beer!!!
  • phillh79
    phillh79 Posts: 160 Forumite
    dmg24 wrote: »
    How much is the outstanding finance?

    I think somewhere in the region of £600-£700 possibly more i'm not sure on the APR when she took out the deal.
    Why buy when you can win!
    BEST WINS 2009: SONY BRAVIA TV SONY BLU-RAY PLAYER
    WINS IN 2010: CREME EGG BEACH BALL :rotfl:
    What i want to win: [STRIKE]Blu-Ray Player[/STRIKE]/PS3, Home cinema system, More Beer!!!
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    Well the debt is in her name not yours. I assume she has now paid over a third of the price of said laptop in which case it would probably be classed as "protected goods" and they would need a court order to seize it even if they did go down that route. As mugwunp says they would go after your ex for the outstanding sum.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
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