Car finance for ex partner - non payment. Advice needed.

Blondie182

Hi there, I would like some advice if anyone could help as I am in a bit of a pickle!

I have PCP finance on a car which my ex partner has. When we were together she failed her credit check so it was placed under my name. The finance agreement, direct debit payments and V5C are all in my name.

Now, when we split we had an agreement that she would pay me the monthly instalments that leave my account. As expected, things never go this smoothly. I now am in a position where I do not think I am going to be getting the payments as the most recent one is 1 week late and she is ignoring my text messages requesting the money. Where do I stand? - I technically can ask for the keys back for the car unless I get the payments right?

I dont have it in writing that we had this agreement but right now I would settle for the car back to be honest, I have every right to ask for the car and that to be the end of it?

Thanks in advance for any help! If anyone has advice from a similar experience I would love to hear from you.

Thanks

Retrogamer

Technically the car belongs to the finance company and you have agreed to pay them for it, regardless of who uses it.

You can ask her to return the car to you, but if she refuses there's not much you can do to force her to give you it back.
She might agree, providing you pay her back a % of what she's paid towards it.

If everyone stops making the payments, the finance company will possibly go and seize the vehicle depending how much is left on the finance, but you'll be left with the bad credit.

scotsbob

My reading of this is that if everything is in your name you have a right to the car. You have all the correct paperwork and all payments have been made in your name.

If her attitude is she will hang onto it and leave you with the headache of paying, then you need to alter that.

If it were me I would be taking the car back, towing it if necessary, and immobilising it. Then discuss with the finance company your options.

Leave her with the headache of proving how much she has paid etc. I assume she will have all the correct paperwork to prove how much she has paid.

Note for the future, never, ever, not ever, lend money to people who can't pass credit checks. There is a reason why they can't.

gilbert_and_sullivan

[QUOTE=scotsbob;65954437

Note for the future, never, ever, not ever, lend money to people who can't pass credit checks. There is a reason why they can't.[/QUOTE]


Classic quote that.

Retrogamer

scotsbob wrote: »

My reading of this is that if everything is in your name you have a right to the car. You have all the correct paperwork and all payments have been made in your name.

If her attitude is she will hang onto it and leave you with the headache of paying, then you need to alter that.

If it were me I would be taking the car back, towing it if necessary, and immobilising it. Then discuss with the finance company your options.

Leave her with the headache of proving how much she has paid etc. I assume she will have all the correct paperwork to prove how much she has paid.

Note for the future, never, ever, not ever, lend money to people who can't pass credit checks. There is a reason why they can't.

If it's parked with the handbrake on and the doors are locked, how would you go about doing that?

PasturesNew

Retrogamer wrote: »

If it's parked with the handbrake on and the doors are locked, how would you go about doing that?

Probably the same way you'd do it if you'd parked it there ... and then lost your keys on a night out.

Generali

If the car was registered in my name then I'd call a car mechanic to break in to it to return it to me per PasturesNew's post above. You can't steal from yourself (obvs!) and, absent of any agreement that ex can continue to use the car, you have every right to regain possession of your property.

robatwork

Sounds to me like it's your car.

If you don't have the keys and your relationship has totally broken down I would go to the police with your evidence that you own the car and are paying for it. Then ask them to help you get it back.

Retrogamer

From my experience of reading these situations on Pepipoo and Pistonheads it's not quite that simple as breaking a window to gain entry.

She could state the car was given to her as a gift and she may call the police. She has the car and keys so seems reasonable. Being the registered keeper isn't proof of ownership.

comeandgo

Is ex only one week late with one payment and she has repaid you all other payments?

Generali

Retrogamer wrote: »

From my experience of reading these situations on Pepipoo and Pistonheads it's not quite that simple as breaking a window to gain entry.

She could state the car was given to her as a gift and she may call the police. She has the car and keys so seems reasonable. Being the registered keeper isn't proof of ownership.

The V5 shows the registered keeper. The purchase receipt shows who owns the vehicle.

Presumably, the OP bought the car as (s)he has the credit in his name.