Car ownership, finance etc HELP!

benn510

Thankyou in advance to anyone who can help/advise on my situation. I cannot find any threads on my exact situation.
*My (now) ex partner took finance out on a car
*The money is paid to the hp company from her account
*I pay the money into her account first each month
*The car is registered, taxed, insured etc and only used by me
*She is now saying she no longer wants the car in her name as the extra payments are stopping her being able to remortgage due to her outgoing being to high.
*I cant take the car on in my name due to bad credit
*5 yr hp and 1yr into agreement
*13,500 total 229 per month

Can anyone advise on what she can do, what i can do or what can happen. Or anything i can say to sway her to just keep things how they are.

Plus, if she were to "arrange" for the car to be picked up by a friend or family member without me knowing, is that classed as theft or not. (who has more right of ownership over the car after the hp company)

Thankyou for reading

ryanm198

Firstly like you said neither of you own the car it belongs to the finance company. Have you tried speaking to the finance company to see if you can take over the debt? It really doesnt matter who its registered to your still only the 'keeper'.

Was the loan agreement signed by her? If so i think that you might struggle to keep the car if she no longer wants it.

tonycottee

From what I've read, I can see you're the registered keeper so she can't send anybody around to pick up the car.
However, there is a good chance that if you can't take over the agreement, she will cancel it and the HP company will come and collect the car.
I don't think there is anything you can say to stop her changing her mind because that agreement is stopping her from being able to remortgage.

laurel7172

If she just stops the agreement, how will that look on her credit file when she makes a mortgage application?

Seriously, though-if it's stopping her from moving on, you need to do your level best to get her off this hook.

PNPSUKNET

As above advice is correct, I cant see her stopping the agreement as it will stop her mortgage

tomitma

This happened to me some years ago, my ex-husband had bought me a car on finance, the car and all documents were in my name, but the finance was in his name.

When we split up he tried to take the car, because of the fact that he hadn't passed his driving test, and couldn't drive it, he sent his mother to get the car, when I saw the car had gone, I phoned the police, to report it stolen, not realising that my mother-in-law had taken it.

The car was returned to me, by the police, who pointed out that it dosen't matter who was paying the finance because the car was in my name, it legally belonged to me. My ex had to continue paying for the car, if he had stopped paying for it, it would have affected his employment, as he was a chartered accountant.

chalkie99

With respect, I think that is different as your ex may have taken a loan of some sort which was in his name allowing you still to be the owner.

The OP is talking about HP where the HP company is actually the legal owner of the vehicle. Being the registered keeper is not the same as being the owner.

tomitma

chalkie99 wrote: »

With respect, I think that is different as your ex may have taken a loan of some sort which was in his name allowing you still to be the owner.

The OP is talking about HP where the HP company is actually the legal owner of the vehicle. Being the registered keeper is not the same as being the owner.

No it wasen't a loan, we actually had the finance from the car dealers. A Loan is conpletely different.

chalkie99

Thanks.

I understand what a loan is but finance through a dealer is not, necessarily, HP.

benn510

Wow! Thankyou everyone for responding. Didnt think i would hear anything back.
So......... neither of us own the car

If she stops making the payments to the hp company her credit will be effected and re mortgage could be a no go due to this?

As she doesnt have any keys to the car, apart from breaking into the car and hotwiring it, there is no way of her taking the vehicle?

Could she write to the finance company and say that she wants to pay the amount to bring the finance to the half way point and then ask for the car to be taken back? Can that be done without me knowing even though i am the registered keeper? (i know that doesnt make me the owner but does that effect anything?)

Thankyou in advance again for helping with all these questions! I just want to try to cover every angle as i use this car for 99.9% of my job.
Just so people dont think i am being out of line the whole remortgage thing was never going to happen and never even thought about up untill a month ago.