Joint car finance and a bad break up!

ThePirate

Good evening,


Sorry if this is the wrong place to post, I'm new!
I am hoping someone can help me shed some light on an issue for me please?
So my husband and I parted ways once I got fed up of his temper and controlling ways.


I wasn't allowed to have anything to do with the finances, my wages went into a joint account, he moved them to his account and I had an allowance from him. He dealt with all the bills, payments etc etc.
When I needed a new car, he chose me one that he got on finance in his name. He then decided he also wanted a new car and so made me counter sign the agreement with him for the affordability thing (as far as I'm aware)
We later split, after a huge fight with the finance company I was able to take my car into my name and continue with the payments and he refused to refinance his to take me off of the car that he kept.
I then got a letter from the finance company telling me that his car had been repossessed, sold at auction and there was a large deficit to pay and they wanted it from me within 14 days.


Panic mode ensued, I was still getting my head around the world of finances and even how to set up direct debits, pay my own bills and generally manage money having moved into a place on my own on a limited wage.


Now as the law stands, I know that because I signed that agreement I am liable. However I was wondering whether this would be something I could take to maybe a civil court as I was never the named owner, never insured in any way on that vehicle and never even drove it!


There are many other debts he left me that I can deal with. It's this backhanded car finance malarkey that's really getting to me!


Thank you in advance and sorry for the essay!

sourcrates

Hi,

Car finance as it stands now, is just another unsecured debt to deal with.

They can shout all they want for the full amount, you only pay them what you can afford.

Is your ex paying anything ?

Sounds as though he isn't, that's why there targeting you.
If you are jointly named on the finance document then you are both jointly and severely liable for the shortfall.

ThePirate

Hello,
Thank you for your reply.


I am only paying what I can afford, I have had to go on a DMP which I set up with Stepchange (there were other joint debts as well from the marriage - such as an overdraft he cleared - just this is the most pertinent.)
I don't know if he is, they can't tell me, but as I know he has an IVA that he has ignored for the last 6 years I highly doubt it!


I have spoken to them and they said they are happy to do an agreement with me where I only pay half of the debt, which was a huge relief but I am going to contact them again tomorrow to ensure I get this in writing as opposed to only a phone call (though they do hold a record of all calls.)


I know legally I am liable for the full amount as much as he is, that's why I considered civil as judgements tend to be made on fairness and I wondered whether anyone had any knowledge or experience of this.


If I have to pay then I will and I will continue the payments I am making as it stands, but it's worth seeing if I can give myself one less headache and him one less free ride!
xx

National_Debtline

Hi

The fact that you didn’t register as the named owner of the car or was never insured for it wouldn’t change your liability by themselves. In some cases liability may be challenged if the debtor was pressurised to sign the agreement under duress, so there may be something to look into if that was the case for you. You’ll need legal advice though.

You may be able to access free legal advice from the following organisations:

www.lawworks.org.uk

www.lawcentres.org.uk

James
@natdebtline