Loan purchase for family car my ex will not return

Macca657

Hi all, last year, my wife and I decided to upgrade her car for a safer vehicle now that we had a baby to consider. A personal loan was taken out with Natwest in my name over 4 years with repayments of £249 per month. My wife would pay £100 into my account every 21st of the month, whilst the repayment of £249 would come directly come out of my account the 28th to the bank.
We have split us since April, going through a divorce, and May the £100 was transfer into my account as per the norm. Since, this hasn't been the case, so the remaining loan amount is being paid back solely by myself. The car was purchase for cash as the cheapest options with some money knocked off, and loan in my name as I had the better credit score.
I have asked for either the car returned or for the remaining outstanding money be paid off by my ex. v5 is in her name but receipt of car is from my account. Claims of this being a gift has made things more complicated, but have proof to the payments she was making towards the loan to prove otherwise.

Any ideas where to go from here, as the back and forth through solicitor letters have come to nothing?

Kidder81

I don't think you can consider all this in isolation when you've been married and have a child together. Presumably you're contributing financially towards your child?

Ebe_Scrooge

Macca657 wrote: »

but have proof to the payments she was making towards the loan to prove otherwise.

This proves nothing, unfortunately - the money going into your account could have been for anything, in the eyes of the law.


Without a formal loan agreement signed by both parties, you really have no redress. And if you've already involved solicitors, who have been unable to help, then that pretty much confirms that there is no legal basis for your to pursue her further. Morally, of course, it's a different matter; but legally I think you're pretty much snookered.

TrustyOven

Kidder81 wrote: »

I don't think you can consider all this in isolation when you've been married and have a child together. Presumably you're contributing financially towards your child?

Could you please explain this a bit more?

It doesn't seem right that OP is being dumped with the car loan responsibility because their ex is an immature person (backed down on the loan / claiming it was a gift), in addition to have to now pay a sepparate payment for child support (which previously would have been joint responsibility / payments).

I'm not sure if you are somehow suggesting that child support payments can be used as a negotiation tactic - that wouldn't feel right in my books.

Did she know she was going to split, therefore took advantage of the car upgrade before hand?

I wonder if marriage is getting too financially risky these days, and whether people are not tying the knot as much as previous generations because of this. Or are we just seeing a distorted picture because we see bad situations on the forum and never see the good ones (because no one posts about them)?

OP, I sympathise and hope you get your money back for the car.

TrustyOven

Macca657 wrote: »

v5 is in her name but receipt of car is from my account.

I'm not a lawyer, but I thought v5c is just the registered keeper (the one who deals with MOT, VED, speeding fine letters, other DVLA correspondence).

V5C doesn't indicate the actual owner.
The owner is technically the person that bought the car, and who has the receipt.

Maybe you could recover the car from her?

sourcrates

Short of going round and making off with the car yourself, which as the legal owner you are entitled to do, (V5C only indicates registered keeper) the only other thing you could do is stop paying for it, the car would be repossessed, but any shortfall would be your responsibility.

Tough situation, with no easy solution unfortunately.

dawyldthing

It's an ordinary loan not car loan so he can't stop paying for it sadly or it would have been an option

BorisThomson

TrustyOven wrote: »

Could you please explain this a bit more?

It doesn't seem right that OP is being dumped with the car loan responsibility because their ex is an immature person (backed down on the loan / claiming it was a gift), in addition to have to now pay a sepparate payment for child support (which previously would have been joint responsibility / payments).

I'm not sure if you are somehow suggesting that child support payments can be used as a negotiation tactic - that wouldn't feel right in my books.

Did she know she was going to split, therefore took advantage of the car upgrade before hand?

I wonder if marriage is getting too financially risky these days, and whether people are not tying the knot as much as previous generations because of this. Or are we just seeing a distorted picture because we see bad situations on the forum and never see the good ones (because no one posts about them)?

OP, I sympathise and hope you get your money back for the car.

I expect the previous poster means that the car is a marital asset and needs to be considered in conjunction with any other assets and liabilities. The personal loan may be classed as part of that package, it would be between thw the two parties to negotiate on that, or if they cannot agree, a judge.

Child support will still be a joint responsibility. The mother will also be contributing financially to the upbringing of the child.

ndf9876

If you already have your Decree Nisi, this sort of thing might be handled by the Consent Order you'll no doubt want to obtain.

takman

sourcrates wrote: »

Short of going round and making off with the car yourself, which as the legal owner you are entitled to do, (V5C only indicates registered keeper) the only other thing you could do is stop paying for it, the car would be repossessed, but any shortfall would be your responsibility.

Tough situation, with no easy solution unfortunately.

The OP took out a personal loan and then paid for the car in cash.

Macca657 wrote: »

Hi all, last year, my wife and I decided to upgrade her car for a safer vehicle now that we had a baby to consider. A personal loan was taken out with Natwest in my name over 4 years with repayments of £249 per month. My wife would pay £100 into my account every 21st of the month, whilst the repayment of £249 would come directly come out of my account the 28th to the bank.
We have split us since April, going through a divorce, and May the £100 was transfer into my account as per the norm. Since, this hasn't been the case, so the remaining loan amount is being paid back solely by myself. The car was purchase for cash as the cheapest options with some money knocked off, and loan in my name as I had the better credit score.
I have asked for either the car returned or for the remaining outstanding money be paid off by my ex. v5 is in her name but receipt of car is from my account. Claims of this being a gift has made things more complicated, but have proof to the payments she was making towards the loan to prove otherwise.

Any ideas where to go from here, as the back and forth through solicitor letters have come to nothing?

PeacefulWaters

50/50 split in the divorce.

You get half the car. She gets half the debt.