Legal owner of car ?

lilacclaire

I have a car on finance, but the finance is in my ex's name and comes out of his bank account, I transfer the money over once a month to cover the payment. The log book, insurance, tax etc is all in my name.
Things have turned a bit sour and he forced his way into my house and tried to take the car keys, a bit of a scuffle but I managed to get them back. Its really the last hold he has over me. I need the car for my job and he knows I really can't do without it for kids/work.

So can he legally take the car? If he can I will cancel everything and leave it outside his house and go and buy a cheap runabout. TIA.

wgl2014

Legally it sounds like your car regardless of who the finance has been taken out by however that's little conciliation if he comes and takes the car. What kind of finance is it and when it's paid off what's going to happen to the car? If there is some value or equity you are probably going to want to keep it, if not then hand it back to him and sort yourself out with s different car.

Have you reported the incident to Police where he broke in and assaulted you? If not I suggest you do.

bazzyb

The legal owner of the car will almost certainly be the finance company (depending on what type of agreement). The agreement likely states that the person named on the agreement should be the main user and the registered keeper, and anything other than this will be in breach of it.

When the agreement ends (and all payments have been made), the person named on the agreement will become the legal owner and get full title to the car.

lilacclaire

The car won't be paid off for nearly 4 years, if I stop making the payments and hand it over to him he won't be able to afford it and it will certainly be repossessed by finance company. I have the finance paperwork etc, I may talk to the finance company and see if they will let me take on the finance if I can show i've been making the payments.
I don't really care about any equity.

I plan on visiting the police station tomorrow to talk over my options.

n217970

lilacclaire wrote: »

The car won't be paid off for nearly 4 years, if I stop making the payments and hand it over to him he won't be able to afford it and it will certainly be repossessed by finance company. I have the finance paperwork etc, I may talk to the finance company and see if they will let me take on the finance if I can show i've been making the payments.
I don't really care about any equity.

I plan on visiting the police station tomorrow to talk over my options.

Careful, you will still be the registered keeper and responsible for insurance/tax, something tells me he will be unwilling to transfer the car into his name....

lilacclaire

n217970 wrote: »

Careful, you will still be the registered keeper and responsible for insurance/tax, something tells me he will be unwilling to transfer the car into his name....

Whatever gives you that idea :rotfl:

terrycalvert

That is totally depending on which type of car finance you have done.....

BoGoF

Is there any reason why you couldn't just get a new car on finance in your own name. If its got 4 years to run thats 4 years of potential grief.

angrycrow

As others have said a lot depends on the type of finance. HP or PCP the car belongs to the finance company and if the finance is in his name it's his problem to meet the payments. If the finance is a personal loan in his name but you use the car it's a much muddier issue.

If PCP or HP in his name one option open to you is simply to park the car outside his house, post keys through his door, go home cancel your insurance and online on the gov site transfer the v5 of the car into his name. Car is then his responsibility and problem with no come back on you. You can then cut all tiers to him. Obviously if this is likely to result in further violence on his part do not do so as your personal safety is far more important than a car.

Definitely speak to the police about the home invasion so it is on record even if you decide not to pursue charges. Most police would be happy to pursue the option of going to see him to have a friendly off the record chat about the charges he could have faced.

AdrianC

Whatever the status of this car, the "hold" is enough reason to get out of this situation. You're transferring money to him to pay to the finance company? What happens if he decides to break that link...? The finance company won't talk to you, since you aren't their customer. The first you know is when the car gets repossessed. Sure, it'll hit his credit history - perhaps he'd view that as a small price to pay.

Write to him. Explain - factually, politely, simply, non-emotively - that you think continuing this situation is a bad idea, so you'd like to come to some agreement to cancel it as soon as possible. Whether that involves you formally taking over the finance, or selling this car, or whatever - that's all up for discussion. But do it in WRITING to him. Pen and paper and stamp and envelope. It allows for mature thought before replying.

If mature thought and discussion isn't possible, then it simply proves that you're right to get this untangled asap.

glentoran99

If the finance is in his name screw him, Fill in his details on the v5c and post it off, That why you are no longer liable for tax etc, don't pay the finance and it will be repossessed, not in your name so not your problem, and get yourself another