Credit in my name, someone else paying

DirtPoorGuy

I'm afraid you are not going to get a straight answer from anyone on ownership, the law is vague about this, it is usually down to a decision made by the court once all mitigating circumstances have been taken in to consideration.

Your best bet is to ask a solicitor what chance you have of winning your case in court.

Spank

What does the contract say about non payments? If they are going to take away the items if you don't pay, then well don't pay, yeah it will affect you credit, but it would leave your Aunt without her setees.
I'm guessing that she will keep up payments if that is the case.

Daisy4567

I have experience of this - but I'm left owing £7500.00 in looans I took out for my Dad - same story, he started to pay then stopped. At the time I had pristine credit, now it's shot!!!!
Have chased money from him for years with letters and legal threats but all to no avail.
I'm stuck selling my house whilst he keeps his - I hope you get your money back, I'll never see mine, but at least learn a lesson - you never ever think a family member will do this to you - but they do!
xxx

somethingcorporate

The assumption that the judge will use, unless documentary evidence to the contrary, is that there was no intention to enter into a legally binding contract. Your settee was a gift and any subsequent money was also a gift. The only evidence is a 1 line email but without any detail around that you lack compelling evidence to suggest a contract was formed and hence you'll not get anywhere with this going to court.

Sorry but I cannot suggest anything constructive other than you going round and tipping a bottle of bleach over them - might as well get your moneys worth!

PaulLuke

Unfortunately as everyone has said the law here is somewhat complicated.

As a starter for ten the general premise is that agreements between relatives/friends are not contractually binding due to lack of intent.

However, in this case my opinion (FWIW) is that you could mount a good argument that because your aunt has been making the payments (demonstrated by showing that the payments have come out of her bank account), there was such an intention and that your taking out the credit agreement, but having the sofa delivered to her house does not amount to a gift.

Additionally, this is further complicated by the finance agreement (which may contains clauses relating to legal title (ownership)) and the bankruptcy which I also suspect would impact upon any claim.

Best advice would be (a) if you have legal cover under an insurance policy ask them for advice or (b) approach a local solicitor who offers an initial free consultation session for advice.

LoopyLooLoo_2

Thanks for all the brilliant replies guys and gals
So sorry to hear about your situation Daisy It does just proves that family members are just human and most people nowadays are well a word i won't use, you just have an emotion attachment and have more trust in them than you would in anyone else.

Don't solicitors give you a free 30 mins and then only tell you what you want to know once they're charging you?
Always the impression I've got!?!

Not bothered about my credit anyway, that got ruined by learning another valuable lesson with an ex who had no credit to get a mortgage, did it all in my name. I am now paying a hard price and have learnt a valuable lesson. Why she promised me she'd never do it to me. Just didn't expect my own family to do so.
My decision now, is to tell the finance company that I don't want them any more so to take them away but i'll still make the payment sat at reduced amount. I'd be quite smug to now I'm paying for them just to spite her back but her having nothing to sit her bitter !!! on.

Grr, it just aggravates me, how do these settees then get removed from her property? Because she will do all in her power to keep them in there?
Will I not then get bailiffs knocking at my door asking for them but removing other goods to replace them as they were not there?
Or would the location off them not mater at this point?
I see it as no one owns these, because they are on finance, they are owned by the finance company until purchased out right.
If i refuse to make the payments, they remove them?

I'm quite happy to then agree to keep paying the loan off at a reduced rate, I just don't want her to have these settees now to spite her.

bryanb

Seems to me that the debt is your's, the furniture is her's. How can you prove different if she says you gifted them to her?
You say you've learned the lesson in earlier posts but it seems you want to learn another by pursuing a hopeless case.

lesalanos

they will not chase your aunty for the settees, it is only you that they will chase.

viktory

No, the company will not remove the furniture, they will simply chase you for the debt. If your aunt is a bankrupt then I wouldn't bother with the small claims court. It will cost you money that you won't get back if you lose and even if you win, do you honestly think your aunt will cough up? I doubt it very much and a CCJ is small fry compared to declaring yourself bankrupt.

Personally, I would say an expensive lesson has been learned, pay the remainder of the debt, stop letting people walk all over you and walk away.