Financed a car for someone who hasn't ever paid back. Help!?

wilburscott

My mum financed a car for my brother and his girlfriend, they promised full payment in a couple of months when an inheritance came in. She never got it, just dribs and drabs - never on time. We (my mother's family) want to take the car back and sell it to clear the finance, despite the loss. They refuse to give it back, threatening to trash it if we try to take it from them, my Mum is scared. They have cut us off completely over it. They have all the paperwork, log book etc. Mum signed for the finance.

What grounds do we have to repossess? My mum is not a strong person and will not cope with a lengthy court battle, but we are watching her age and deteriorate under the pressure of working to pay off this debt. (UK law respondants only please).

We have toyed with the idea of using a repo company, but we're worried about the cost and bringing a hailstorm to my mum. Has anyone done this sort of thing before? any good advice!? We dont know where to start other than CA.

Fruit_and_Nut_Case

wilburscott wrote: »

UK law respondants only please

Do you really mean UK law? Or do you mean English law? Or Scottish?

Apples2

Get your Mother...oh never mind, I'm not a UK Law respondant..

jonesMUFCforever

If the loan is in the name of the mother - the mother will have to repay come what may.
It may be a small claims case will have to be bought - even then it might not be enough to get them to return or sell the car to pay the debt.

oldhand

Unless your mother has written proof from your brother that he was going to pay her the cost of the car I believe you may be facing a difficult job ahead.Your brother could just claim the car was a gift from your mum and the fact its registered in his name will make it a lot more difficult.You could appeal to his better nature if he still has any explaining the effect its having on his mother.
Regarding repossessing the car,again without anything in writing I cant see how you could,I think this is a case for contacting a solicitor in the first instance if you believe talking with your brother is a waste of time,good luck.

forgotmyname

She is unlikely to get the money. Push forward with the notion that your getting the car reposessed. If they trash it they have no car and nobody to borrow the money from in future.
I would rather do that than let them keep something i am paying for. If you dont pay for it you cannot have it.

Sparx

Can't your mother just report it stolen and let the police go recover it?

kizkiz

Sparx wrote: »

Can't your mother just report it stolen and let the police go recover it?

You can't report a car stolen if you don't own it
This has nothing to do with the police. It is a civil matter over the repayment of a debt

ihateyes

if the vehicle is registered in his name, then you cant reposess something that is his...

dont you just wish you lived in the good old USA..... you could apply to judge judy!

SeanG79

The logbook means nothing with respect to who the legal owner is of the vehicle.

Is the finance a personal loan or HP/Conditional Sale?

_Andy_

"(UK law respondants only please)."

Pay for a solicitor then you tight ****