car loan and repossession- please help!

lynzi12

Hi, thanks to all who may be able to help!

My ex-husband took out a loan with Close Military Finance. The loan agreement says it is a fixed term loan agreement, with 13 monthly payments and then the final 14th payment of £20,000! The finance is not in my name at all. However I picked the car up from the dealers and signed the export paperwork for HMRC. As the car went to Germany as he is in the army out there. Hence no tax paid. I brought the car back to UK at its 6 month payment point, as we split up! I was then told 2 months ago by my ex that I had to import the car back to the UK using VAT nova 1 form and only I could do this as all paperwork is in my sole name ( British forces log book for the car etc). I did this and then registered it in my name to DVLA, after hearing back from the HMRC that no customs tax should be paid.
Today I find out my ex has signed paperwork for a repossession company to collect the car for the finance company as he will not make the £20k payment!
I called the police as I was not warned this would happen and leaves me with no car etc. I HPI checked the car, it says there is outstanding finance but that the lender has no interest in the vehicle as its classed as a personal loan. The V5 is in my name and i imported it, do I have no rights/ claim on the car at all?
It will take a while for me to see a solicitor, and wondered if anyone can advise?

Any help at all please!!

chanz4

yes pay the 20k

GwylimT

Cars on finance have to be in the name of the person who 'owns' the car, therefore it is not your car. If he doesn't pay the car will be repossessed as until the loan is paid off he doesn't technically own the car.

Apples2

Why do you feel it is your car if you haven't made any payments toward it and are not prepared to make the final payment?

lynzi12

Please don't misjudge me! If I had 20k or anything close I would buy my own car! I don't, I have 2 kids under 5 and a single parent now and need to work! But need a car to do so. He left me when I was 8 months pregnant in Germany. He left me with the car/home/kids and now won't pay for car or kids! (He has now moved to America with his girlfriend).

ch3101

But you were using someone else's car and now they had given it back to avoid paying the finance on it, hence you cannot use that car.

Do you think that if you explain the situation then the finance company will just let you keep it and chase your ex for the money?

Buy a cheap runaround if that is all you can afford

lynzi12

I just thought that if I was the only one who could import the car according to the HMRC as my name was on the paperwork and may have been liable for the VAT on the car, just over 4k. Fortunately the HMRC did not decide to charge me this. The that meant I had some sort of responsibility/ claim to the car?

And also why should he not pay in some way or another? I will be the one raising/ caring/ paying for our 2 children. While he does whatever he pleases.

Apples2

The car has nothing to do with anything going on in your private life.
You simply cannot just claim for something which he doesn't even own.

Has he left the forces now? assume so if he has swanned off to the States.

lynzi12

I know my personal life has no bearing, I just did not want potential replies to assume I was out for all I can get. I would also say the payments for the car came out of a joint bank account that both of our salaries went into. Until I left. A bank account the bank says I cannot close unless we both go in together, despite paperwork to remove me is signed! Yes he is out of the army now. And to be honest if it wasn't for the fact my kids will miss out, I would never want to see him ever again. My son is 7 months, he's seen him for an hour and a half!
If I had a claim to the car my life would be easier, so really that is all I needed to know. Thank you to all who replied.

nelly12

Fixed sum loan agreement = personal loan
Finance company has no right to repo the car.
If V5 not in husbands name he has no rights over vehicle. Up to him to sort the finance out!

pvt

lynzi12 wrote: »

I called the police as I was not warned this would happen

Seriously?? Bet they were impressed. What did they say?

nelly12 wrote: »

Finance company has no right to repo the car.

Except that her ex appears to have agreed to surrender the car to a debt collector. The V5 means very little here, he can claim he owned the car on the obvious grounds that he is the one who borrowed the money that bought it.