Car finance with different owner problems! HELP PLEASE!!

Anihilator

kyleapt342 wrote: »

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.

If it isnt HP what is it? If its a personal loan this is even worse for her.

I wouldnt say legally she is the owner as per my post above.

kyleapt342

His name is on the log book with the DVLA. I just cant see how its possible that the car isnt legally hers if she signed up for it and has on paper been paying fir it. Yes he has been till now BUT if he stops paying surely she should pay him the amount paid over the last year back to him and the car is hers?

kyleapt342

I'm sorry I dont know what loan it is, I'll get her to ring home and check the docs. She doesnt think its a personal loan though just "normal" car finance. She is ringing now to get more details.

Anihilator

kyleapt342 wrote: »

His name is on the log book with the DVLA. I just cant see how its possible that the car isnt legally hers if she signed up for it and has on paper been paying fir it. Yes he has been till now BUT if he stops paying surely she should pay him the amount paid over the last year back to him and the car is hers?

My take on it is that he owns the car both in name and legally.
She entered into a contract to borrow money and buy him a car which he should be repaying.

If he fails to stay by the agreement she needs to take legal action against him through the courts for her losses ( the amount he doesnt pay and any consequential loss)

Imo she must write asap and find out why payments havent been made and insist he recommences payment. If he doesnt then she should get a settlement figure and use MCOL for this amount.

Of course she will win but then recovering the debt might be very difficult.

kyleapt342

MCOL? Whats that?

She has tried to ring and its not answering, straight to voicemail. He has recently moved to make things even worse.

She is crying her eyes out about this now

Anihilator

kyleapt342 wrote: »

MCOL? Whats that?

She has tried to ring and its not answering, straight to voicemail. He has recently moved to make things even worse.

She is crying her eyes out about this now

Money claim online.

Well she best track him down and get a registered delivery signed for letter sent. Dont waste time with voicemails etc as they prove nothing.

Send him a letter giving him 14 days to bring the account up to date and if he doesnt start the MCOL for full settlement.

kyleapt342

Apparently this lads dad lives somewhere near so my GF's dad is going to go round and have a chat with him about it all. If they sorted out a written agreement that they both signed and he states he will pay so much a month will that be legally binding?

immoral_angeluk

kyleapt342 wrote: »

MCOL? Whats that?

She has tried to ring and its not answering, straight to voicemail. He has recently moved to make things even worse.

She is crying her eyes out about this now

https://www.moneyclaim.gov.uk/csmco2/index.jsp

kyleapt342

I've bookmarked that site and will look into that when we confirm his address. If we can locate his dad we'll have to use that address i guess.

kyleapt342

Again thanks for all your help.:T