Advice about car HP in someone else's name but car registered to me.

babyangel10

Hi,

In Oct 2009 my (now ex) partner took out 12K car finance on a new car (59 plate) but the car was registered in my name on the V5.

I paid £2,000 deposit (I traded my old car in on the scrappage allowance)

We split up in March 2010 and as part of the 'split up deal' he agreed to carry on paying, as long as we shared the car which is what we have done as he was in a good job and I only work part time so can't really afford to pay the monthly amounts of £200.

However he has lost his job due to gross misconduct (although has a temporary job at present) and is now talking of going bankrupt.

I'm now unsure as to how to proceed. I think there are 3 options but don't know which will be best.

I could just about find the money to continue paying for the next few months but the ex has pranged the car twice already (albeit only minor...) but hasn't paid to have the repairs done as he can't afford it. The insurance (and NCD) is in my name with him as a named driver so I don't fancy losing my NCD by claiming (which apparently is the case even though it was him driving???), plus he can't afford the excess anyway even though its just £100.

FYI he also hasn't paid anything towards the insurance yet either.

Therefore I'm reluctant to pay for a car that he doesn't take care of, (his words being 'it's only a car...') but he has so far paid £1,000 more for than I have, so I can't really NOT let him use it (we are very amicable and also have a child together, so being friendly is the 'healthiest' option for her IMHO)

1) So do I take over the payments and carry on letting him share it? If so then what do I do when we have both paid the same amount which will be in about 5 months time.

2) Or take over the payments, let him share it but take him off the insurance and make him get his own policy (might make him take better care of the car???)

3) Let the car go back to the finance company and just me buy an older one but I can't really afford it other than on finance which I probably wouldn't get due to part time salary of £400 per month (not inc working tax credits) although my credit file is top notch though.

The prob is that we both need a car for work and to arrange childcare (we live about 8 miles apart and not on a regular bus route) so if either (or both) of us were without a car then it will make arrangements awkward to sort. He sometimes picks DD9 up after school and brings her back for bedtime which wouldn't be an option without a car, therefore she loses out too. He also wouldn't be able to take her to the pictures, days out, etc without a car.

He definitely can't afford another car on his own though, even an old banger so if I stop him using 'our' car then it'll be up to me to take our daughter to his house, which isn't always convenient and also as I say, without a car he's limited on options when it comes to quality time with DD9.

Does this make any sense at all?! Any advice or other options most welcomed

Thanks for any advice

babyangel10

Anyone?

paddyrg

Well, this is complicated! I think you'll find it has been quiet as you need proper advice, not an internet forum opinions here!

I would suggest you tidy up your finances though, and if you and he are separated, make sure the money all is, too. Operate as two islands, or his financial situation will affect you and your DD.

HP - you need to talk to the HP company. Whose name is on the HP agreement? It may be that your name doesn't belong on the V5. But returning the car won't stop the debt, so it may be cheaper to keep it than return it (damaged) and buy a new one.

But this is an awful mess and you need proper advice I suggest. Your daughter is lucky she sees a lot of both parents, I totally appreciate how he's trying to do tthe right thing, and respect to you both for that. But you need to separate out your finances properly, and I have a hunch it is likely to involve losing the car, sadly.

chalkie99

Spam reported on post from napoliten.

babyangel10 - Is this definitely an HP agreement - just to get everything clear - and whose name is the finance in?

You say your ex took out the finance in his name. You do realise that having the log book in your name does not mean you are the legal owner?

It seems you might be making payments for your ex but not have any legal right to the car.

As a side note on the insurance you say:

The insurance (and NCD) is in my name with him as a named driver so I don't fancy losing my NCD by claiming (which apparently is the case even though it was him driving???)

Yes you would lose the NCD because it is a claim caused by someone driving on your policy.

Also, if you are not the legal owner have you told your insurance company this? Some insurers will be OK with this but others will not and it important you give them the true facts before you land yourself with further problems.