Car HP question

Lou1202

Hi all,

I'm just asking a question on behalf of my brother.

Him and his wife are currently going through a break up. Without going into details, she is now threatening to have his car taken off him. She got the car finance for him, but he has it registered in his name and he makes the repayments. Legally can she do this?

Many thanks in advance.

Lou

Malky

Probably not as he is the legal owner.
Personally I would hand the car over to the wife and leave her to pay for it. A car is a material/luxury object which is easily replaced and it will be one less debt for him if they break up.

Garage_Flower

As it's an HP agreement the car is legally owned by the finance company, not your brother or his Mrs. As the finance is in her name she can have the agreement terminated at any time and there isn't anything your brother can do about it regardless of whether he is making the payments or he is the registered keeper.

pvt

Garage_Flower wrote: »

she can have the agreement terminated at any time

Can she? How does she go about doing that then?

BugsyBrowne

Garage_Flower wrote: »

As it's an HP agreement the car is legally owned by the finance company, not your brother or his Mrs. As the finance is in her name she can have the agreement terminated at any time and there isn't anything your brother can do about it regardless of whether he is making the payments or he is the registered keeper.

Are you ok George?

Garage_Flower

pvt wrote: »

Can she? How does she go about doing that then?

By writing to the finance company asking to voltuntary terminate the agreement. If 50% of the account has been paid there should be no fee for doing this. Doing this will result in an amicable repossession of the vehicle.

Garage_Flower

BugsyBrowne wrote: »

Are you ok George?

I think you've mistaken me for someone else pal. My name's not George.

pvt

Garage_Flower wrote: »

By writing to the finance company asking to voltuntary terminate the agreement. If 50% of the account has been paid there should be no fee for doing this. Doing this will result in an amicable repossession of the vehicle.

Unfortunately I think you'll find that to VT the agreement she has to return the vehicle to them as well. I don't think that telling the HP company to go round to her ex and try to forcibly repossess it meets that requirement.

Garage_Flower

pvt wrote: »

Unfortunately I think you'll find that to VT the agreement she has to return the vehicle to them as well. I don't think that telling the HP company to go round to her ex and try to forcibly repossess it meets that requirement.

As long as the car is not on his private property, so if it's parked on the road, they can collect it without his permission. As I said before it's their car and the finance is in her name so he has no say in what they agree to do with the car.

pvt

Garage_Flower wrote: »

As long as the car is not on his private property, so if it's parked on the road, they can collect it without his permission. As I said before it's their car and the finance is in her name so he has no say in what they agree to do with the car.

So you think the HP Co will consider her telling them to find the car near her ex's current address and recover it without the keys as "voluntarily returning" it?

And what is she going to do when they say it is in a disgraceful condition, covered in knocks and dents, with no evidence of having been serviced and maintained in accordance with the HP agreement, and with much higher mileage than the agreement allowed for?

Garage_Flower

pvt wrote: »

So you think the HP Co will consider her telling them to find the car near her ex's current address and recover it without the keys as "voluntarily returning" it?

And what is she going to do when they say it is in a disgraceful condition, covered in knocks and dents, with no evidence of having been serviced and maintained in accordance with the HP agreement, and with much higher mileage than the agreement allowed for?

Yes they will collect the car with no keys and at someone else's address.

Any damage done to the car will be repaired and the customer will be billed for repairing it. The customer will be made aware of this when she arranges the voluntary termination of the agreement.