Car finance with different owner problems! HELP PLEASE!!

kyleapt342

Hi there

First off I hope you're all well and many thanks for looking. Me and my girl friend have a little problem. She has been with me now for a little under a year but before me she was with a fool of a guy who convinced her to get car finance in her name for him as his credit was bad. Then they split up.

Until now he has carried on paying the £50 a week into her bank account so the payments are still being made on time. But recently he has stopped paying them in and we're not so sure what she can do about it as the car is registered in his name but the finance in hers. Does she have a leg to stand on? Is there any way of her getting out of this finance? We're stuck here. HELP?!?

Thanks in advance.

Kyle

Anihilator

No way of getting out of it.
A civil matter between her and the ex.

Situation depends a lot on the details. Would need to give us them all first for more help.

kyleapt342

Anihilator wrote: »

No way of getting out of it.
A civil matter between her and the ex.

Situation depends a lot on the details. Would need to give us them all first for more help.

What details do you need? He has not paid a few payments in the past n has made them up but now his mobile seems to be turned off. Would it have to be a small claims job do you think? But anyway what details are needed?

Anihilator

Well details about the finance, the type of finance, when it was first taken out etc.

My first call would be to the finance company to see if they offer any advice.

immoral_angeluk

Your girlfriend is the legal owner of the car regardless of who is on the logbook. She is liable for the debt and the only way to recoup any money from her ex would be through small claims court but it would be difficult proving that he is liable for the debt, it would be his word against hers unless theywrote out a contract at the start between themselves.

Has she got a key? Does she know where the car is? Might be worth sending him a letter saying that if he doesn't keep up the payments she'll be taking her car back. If she hasn't got a key, get a towtruck. It's her car, he hasn't got a leg to stand on if she went and took it back.

kyleapt342

It was taken out in january last year. 209 per month over 4 yrs. That's all the info I can get out of her from memory. We live in manchester you see and the docs are in scotland where she is from. Moved recently. Sorry for the vagueness. So you think ringing the finance company is the best bet?

Anihilator

immoral_angeluk wrote: »

Your girlfriend is the legal owner of the car regardless of who is on the logbook. She is liable for the debt and the only way to recoup any money from her ex would be through small claims court but it would be difficult proving that he is liable for the debt, it would be his word against hers unless theywrote out a contract at the start between themselves.

Has she got a key? Does she know where the car is? Might be worth sending him a letter saying that if he doesn't keep up the payments she'll be taking her car back. If she hasn't got a key, get a towtruck. It's her car, he hasn't got a leg to stand on if she went and took it back.

Don't necessarily agree here.
He has been paying for it so I would question that it is her car.

Anihilator

kyleapt342 wrote: »

It was taken out in january last year. 209 per month over 4 yrs. That's all the info I can get out of her from memory. We live in manchester you see and the docs are in scotland where she is from. Moved recently. Sorry for the vagueness. So you think ringing the finance company is the best bet?

I would phone them and make them aware of the dispute. They might give you advice, they might not.

Secondly she needs to contact the ex in writing by registered post and find out what is happening and state that if he doesnt pay up she will be begin legal action for full settlement of the finance.

The other action would be to lie about it and tell the police he stole it. Of course I wouldnt condone this and they would probably quickly work out the real story and be less than happy so not a real starter other than for causing the ex some hassle and possibly an incentive to sort it.

If she isnt bothered about her finance history she could just let them reposess it.

immoral_angeluk

Anihilator wrote: »

Don't necessarily agree here.
He has been paying for it so I would question that it is her car.

If it's her name on the finance then by rights she is the legal owner. Whether they had an agreement which stemmed from when they were together as to who paid for it when they were together it irrelevant.
Obviously that's the black and white version... if she took it back and he took her to court of course it would be down to a judge and for her ex (if he bothered) to prove that there was an agreement that the car was his if he paid etc... but as it stands the car is legally hers.

Anihilator

immoral_angeluk wrote: »

If it's her name on the finance then by rights she is the legal owner. Whether they had an agreement which stemmed from when they were together as to who paid for it when they were together it irrelevant.
Obviously that's the black and white version... if she took it back and he took her to court of course it would be down to a judge and for her ex (if he bothered) to prove that there was an agreement that the car was his if he paid etc... but as it stands the car is legally hers.

No it isnt legally hers.

Legally she took out the finance for a car for him to own, the car is in his posession and he is the one paying for it.

There is not a hope in hell a court would state she was the legal owner simply because her name is on the credit agreement.

It would be interesting to know what name is on the log book.

kyleapt342

They won't repossess the car. Its not hire purchase we've tried that. We could say its stolen but my gf is too honest to go down that route. Essentially we need to know if she is the legal owner as the finance is in her name? This would make sense to me and give us something to work on. Its such a mess and she is so upset about it all. Her own stupid mistake I know which I'm sure she won't make ever again.