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Car Finance problems GMAC

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Hi,
I wonder if you lovely people can help me. 8 Years ago my husband (now Ex husband) bought a brand new car on finance over 5 years. 2 1/2 years ago I left my husband and as part of the agreement I had the car and the furniture and the kids came with me.We agreed that I wouldnt have any of his pension (Army) and that he paid me maintenance.
Exhusband has now informed me (after all this time) that their is outstanding finance on the car of over £4000 and he wont be paying it. He also said that IF he does have to pay it then he will be leaving his job therefore he wouldnt be paying the car or any maintenance.and that the car would be repocessed.I would just like to know where I stand on this as the finance was taken out in his sole name and the car has since been registered in my name.
Thanks in advance
total debt at LBM £4800
Debt as of Mar 2016 £1790 Hope to be debt free July 2016:eek:
Sealed pot challenge number 552
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Comments

  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi,
    I wonder if you lovely people can help me. 8 Years ago my husband (now Ex husband) bought a brand new car on finance over 5 years. 2 1/2 years ago I left my husband and as part of the agreement I had the car and the furniture and the kids came with me.We agreed that I wouldnt have any of his pension (Army) and that he paid me maintenance.
    Exhusband has now informed me (after all this time) that their is outstanding finance on the car of over £4000 and he wont be paying it. He also said that IF he does have to pay it then he will be leaving his job therefore he wouldnt be paying the car or any maintenance.and that the car would be repocessed.I would just like to know where I stand on this as the finance was taken out in his sole name and the car has since been registered in my name.
    Thanks in advance

    I take it that there is a formal agreement in place RE: maintenance - i assume there would be as part of the divorce?

    Finance is outstanding in his name. I'd say they would have grounds for repossession.

    He would have to be amazingly dumb to give up his job, get no benefits because of that, and then not work ever again to avoid paying you maintenance.

    At 8 years old the car cant be worth much. I wouldnt rise to his bait by doing anything other than telling him to have the finance company contact you RE: your current position relating to the car and any rights they have to repossession.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    EDIT :- somethings not ringing true here - the finance company would have been on his back years ago if there was outstanding finance. Plus the loan was due to be paid off in full 2.5 years ago, presumably by means of monthly payments over those five years?

    Whats he playing at?
  • MX5huggy
    MX5huggy Posts: 7,167 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I left my husband and as part of the agreement
    Is this a legal agreement or a lose agreement between you?

    What is the car now worth? (tell us make model and mileage we know it's 8 yrs old)

    Is the finance actually secured on the car? if so then the car is not yours but the finance companies.
  • MX5huggy
    MX5huggy Posts: 7,167 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Maybe run a HPI check to see if there is really finance still on the car.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MX5huggy wrote: »
    Maybe run a HPI check to see if there is really finance still on the car.

    +1

    I was just coming back on to suggest that.
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts
    pgilc1 wrote: »
    . I wouldnt rise to his bait by doing anything other than telling him to have the finance company contact you RE: your current position relating to the car and any rights they have to repossession.
    pgilc1 wrote: »
    EDIT :- somethings not ringing true here - the finance company would have been on his back years ago if there was outstanding finance. Plus the loan was due to be paid off in full 2.5 years ago, presumably by means of monthly payments over those five years?

    Whats he playing at?

    Could he have refinanced the car?

    Until you see correspondence from, or contact, the finance house you can't do anything further
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    LandyAndy wrote: »
    Could he have refinanced the car?

    Until you see correspondence from, or contact, the finance house you can't do anything further

    He may have, but it would be tricky to get that through a finance company - more likely to be personal loan?

    I think an HPI check will definitely tell the tale.
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts
    pgilc1 wrote: »
    He may have, but it would be tricky to get that through a finance company - more likely to be personal loan?

    I think an HPI check will definitely tell the tale.

    I agree about the finance company but a personal loan wouldn't be secured against the car and the OP would have no worries. As you say an HPI check would be good.
  • dreamywings1
    dreamywings1 Posts: 420 Forumite
    Thanks for your replies
    The car is a Ford Galaxy 1.9Ghia diesel 115 psi and has done 91 thousand miles. He was in the Army when he purchased the car and left last year. I dont know whether he is trying it on and was thinking about paying half of the finance BUT if I paid half and he didnt pay the rest then I would be no better off.
    How do I get a HPI check? Can you do it online?
    total debt at LBM £4800
    Debt as of Mar 2016 £1790 Hope to be debt free July 2016:eek:
    Sealed pot challenge number 552
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    LandyAndy wrote: »
    I agree about the finance company but a personal loan wouldn't be secured against the car and the OP would have no worries. As you say an HPI check would be good.

    Yes, i agree, the personal loan wont be secured against the car, therefore if thats the case the O/P wont have anything to worry about
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