Car finance with different owner problems! HELP PLEASE!!

Anihilator

kyleapt342 wrote: »

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?

As I said don't waste time.
There is already a legally binding agreement. He has breached it. Write to him and only him. Get proof of receipt. and tell him he must bring it up to date and abide by the payments as agreed

If he doesnt sue him for a settlement fee and pay it off.

If she starts !!!!ing about with actions that have no legal basis she will make her position worse and thus not be acting to mitigate her losses as she is legally required.

kyleapt342

But without his address we cant do any of that just yet can we, hopefully her dad can get some info on where he is tonight and see from there. We'll geta letter to him drafted up.

When you say there already is a written agreemtn what would that be? Because he never signed anything he just took the car.

immoral_angeluk

I think the best thing you can do is get legal advice on this and Anihalator and I are going to have to agree to disagree, and you should always back up the information on here with specialist legal advice where neccesary, which is what I think need to be done here. Find out for certain what your rights are with regard to the ownership of the car. You may be entitled to legal aid but some solicitors do free advice sessions of up to 1/2 hr. If you give Community Legal Services a call they will point you in the direction of solicitors and may be able to advise you over the phone. There is also a legal aid calculator on there.
http://www.communitylegaladvice.org.uk/

Edit: You may also want to try consumerdirect.. http://www.consumerdirect.gov.uk/

Anihilator

I didnt say there was a written agreement. There is a binding agreement though and both hers and his actions will show this.

Ask the father for the address and do whatever you can to verify it.

kyleapt342

Community Legal Advice cant help but gave me a number for Consumer Direct who i can call tomorrow when they open.

My apologies you didnt say written agreement. Yes i see what you mean now. When he gets back tonight we'll see what he has come up with and then go from there.

Anihilator

I don't really see how consumer direct will help here. This is a civil dispute and not a consumer dispute as such. It needs to be a solicitor. Do you have legal cover on any insurance? and even then they may not get involved due to the circumstances.

kyleapt342

I work for a large finance company so will see if I'm covered, she does too so she can look into that.

I have spoken to her dad and said he needs to say to this guys father that a written agreement between the two needs to be signed to guarantee all further payments are paid. If not we'll use MCOL to claim the settlement figure back off him and we need a forwarding address otherwise it'll get sent to his dad.

Guys thanks for your help with this it seems at least a tad clearer now.