car loan and repossession- please help!

lynzi12

SnooksNJ wrote: »

Since the US doesn't have a shack up with my Girlfriend visa I assume he is on some work sponsored visa? I would go through the Family Court of the state/county he is living in because the US is pretty hardcore that they want the fathers to pay for their kids instead of the taxpayer and will garnish his wages. If he doesn't pay he can spend his weekends in jail until he makes arrangements. Get the car payment's that way instead of expecting the UK taxpayers to pay for it.

When I last spoke to my solicitor she said that as he is in the US I cannot chase him for maintenance unless he is working for a UK company. How on earth would I find that out? Also when he left the army he was due a 10 k gratuity. As he left the army before his year sign off period was up and high tailed it to America (I found this out through a friend serving in his old regiment). I cannot take him to court for any of this or maintenance. His last letter to my solicitor stated he was due out in October this year and did not know where he would settle, it would depend on where he could find work! I now know he was fobbing me off and you can leave the army earlier if you have a job to go to and have asked permission to leave.
So however he is over there visa wise, he has planned it that way and left me in the lurch.
I would have been happy to have THE car in question or money to buy a car as part of our divorce but now I am without either!

lynzi12

Is there anything I can look for in his finance agreement that could clarify Closes claim to the car? I have read through and cannot see anything on repossession. Also would it not increase security of the loan the fact he is in the military and its all done with service numbers, and they can always find him while he is in the army so he cannot escape payment etc? Also I do know that after 13 payments were up we could have either exchanged the car for another new one or kept that one, either with a one off payment or monthly payments.

nelly12

linzi12, we seem to be going round in circles here with the usual experts.

Please can you confirm if Close Motor finance have been in contact with you or just have husbands word on this? Or have you contacted them to clarify situation? You have nothing to be scared of in doing this as you have done nothing wrong.

where is car now? Log book in your possession?

tinkerbell28

I could go into this with you op, but I can't be bothered. You seem absolutely hell bent on listening to someone who clearly doesn't seem to understand how military car finance and exports work.

So if that makes you feel better, good luck.

If it helps, you've just described a typical PCP agreement. NOT a personal loan.

lynzi12

tinkerbell28 wrote: »

I could go into this with you op, but I can't be bothered. You seem absolutely hell bent on listening to someone who clearly doesn't seem to understand how military car finance and exports work.

So if that makes you feel better, good luck.

If it helps, you've just described a typical PCP agreement. NOT a personal loan.

All I really want to know is do I have any claim to the car and is it worth persuing? It is listed specifically as personal loan on HPI and on his finance agreement as fixed term.
I had to let them repossess the car, they blocked the car in and said they would smash windows etc, both my baby seats were in the car. I couldn't really leave my 2 little kids in the house alone to stop the repo people. I called the police and they confirmed the repo people could take it. v5 I have and all export/ import docs.

lynzi12

nelly12 wrote: »

linzi12, we seem to be going round in circles here with the usual experts.

Please can you confirm if Close Motor finance have been in contact with you or just have husbands word on this? Or have you contacted them to clarify situation? You have nothing to be scared of in doing this as you have done nothing wrong.

where is car now? Log book in your possession?

I spoke to Close in may and they were concerned about me re-registering the car in the UK and then returning it etc. I explained at the time I did not have the military BFG logbook as my ex had it and until it was returned I could not fill out VAT nova form and register at DVLA. Not spoken to Close since then. They repossessed without any prior warning.

KingElvis

Blimey, good luck but sounds like a real decent fella your ex, fine upstanding citizen.....I'm sure the US will soon have him out on his ear, they dislke crooks and shysters with a passion.

SnooksNJ

lynzi12 wrote: »

When I last spoke to my solicitor she said that as he is in the US I cannot chase him for maintenance unless he is working for a UK company. How on earth would I find that out? Also when he left the army he was due a 10 k gratuity. As he left the army before his year sign off period was up and high tailed it to America (I found this out through a friend serving in his old regiment). I cannot take him to court for any of this or maintenance. His last letter to my solicitor stated he was due out in October this year and did not know where he would settle, it would depend on where he could find work! I now know he was fobbing me off and you can leave the army earlier if you have a job to go to and have asked permission to leave.
So however he is over there visa wise, he has planned it that way and left me in the lurch.
I would have been happy to have THE car in question or money to buy a car as part of our divorce but now I am without either!

The moving to the US part is strange because it's not like you can wake up one morning and decide hey I'm moving to America. Unless he's entering for 3 months on the VWP he needs a visa and that takes time.
Personally if it were me I would hire a lawyer who specializes in US family law. Your lucky that he did go to the US because they will pursue any judgments from the family courts.

lynzi12

SnooksNJ wrote: »

The moving to the US part is strange because it's not like you can wake up one morning and decide hey I'm moving to America. Unless he's entering for 3 months on the VWP he needs a visa and that takes time.
Personally if it were me I would hire a lawyer who specializes in US family law. Your lucky that he did go to the US because they will pursue any judgments from the family courts.

Background is he met her (so he says) April 2012 while on exercise with the army in el centro. They were put up in the Marriott no less! No sleeping rough when training for Afghan! Came home after exercise, he was a little bit odd but I was 20 weeks preg with a 3 year old and working, so didn't give a lot of thought to it as he was only home for 2 weeks! Then he went and covered security at the Olympics. Supposed to come home but decided to go to America for a week to see her. I found out eventually. He came back I was 7 months preg! We split, I left Germany, my home/ job/ friends/ marriage at 36 weeks preg. He has paid for nothing since. Seen his new son once for just over an hour. When I got back to UK I found out he had brought her over to Germany 3 days after I left! We were married 12 years.
My family have helped with my house etc and my dad will get me a car he says.
But I am just so p***ed off I lost everything and now even the car! He had just swanned off to America, no thought to kids etc.
I want to go back to work etc, I have a profession if I don't stay current I will lose it.
Really I want to make my ex pay in some way, but it seems he had it all sewn up.
while I was trying to cope with my life falling apart!

Does anyone know if its possible to look in to his finances, I.e. bank accounts, inheritance etc? Mind you I would have to get him to court in the UK first I suppose. It foes seem that money/ assets are very important to him!

SeanG79

If the finance is a "fixed sum loan" then it is a personal loan and the finance company can not simply repossess the vehicle. A PCP and HP/Conditional sale are NOT "fixed sum loans"

Your partner may have ceded ownership of the vehicle to the finance company, however considering you imported the car back into the UK and paid fees etc. to do so, you could argue that the car was a gift from your OH at the time. (Consult your solicitor when you see them).

As for the HPI, occasionally a lender marks the car on HPI for security even though this is wrong and being a personal loan you can request the marker be removed.

Good Luck!