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Car finance in ex girlfriends name issues

2

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  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    That’s how I read it as well that she took the car off him and gave it to her brother.
    He said he HANDED her the car back after he got a new one, so how does this get translated to 'she took the car back without me having a choice so therefore I think I should have to pay anything'.
    The settlement was 10,700 at the time of asking , her stepdad decided that he would pay the settlement figure and I would pay him back the money directly
    and further says
    I have since had texts from her stepdad telling me to pay ex amount, the trouble I have is I can't afford the payments he's asking for,

    This certainly indicate that an agreement was made, but OP wants to renegade on it because he can't afford it, not because she took the car back when he wanted to keep and it was never agreed he would pay the settlement.
  • -taff
    -taff Posts: 15,585 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Still, legally he doesn't owe anything.
    Non me fac calcitrare tuum culi
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    FBaby wrote: »
    He said he HANDED her the car back after he got a new one, so how does this get translated to 'she took the car back without me having a choice so therefore I think I should have to pay anything'.

    and further says

    This certainly indicate that an agreement was made, but OP wants to renegade on it because he can't afford it, not because she took the car back when he wanted to keep and it was never agreed he would pay the settlement.

    I can understand he cannot afford to pay for two cars, in the opening post it reads that his ex assumed he could not (or would not) keep up the payments and hence why he returned the vehicle after getting one in his own name without the threat of withdrawal later on.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    -taff wrote: »
    Still, legally he doesn't owe anything.
    Not so straight forward as it sounds like he now owes the step-father and the agreement was that he was lending him the money and that he was going to repay, then legally, it's different to not owing anything to his ex for a car that legally wasn't his.

    OP calls it himself a debt.

    It would have easier, legally, if he agreed to nothing. Morally, well, as said in my first post, she had a lucky escape and I feel sorry for any future girlfriend.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    FBaby wrote: »
    Not so straight forward as it sounds like he now owes the step-father and the agreement was that he was lending him the money and that he was going to repay, then legally, it's different to not owing anything to his ex for a car that legally wasn't his.

    OP calls it himself a debt.

    It would have easier, legally, if he agreed to nothing. Morally, well, as said in my first post, she had a lucky escape and I feel sorry for any future girlfriend.

    I agree it is not so straight forward, as in the opening post the OP wrote that the step dad had agreed to pay the settlement, not that they (the OP and the step dad) had agreed the monies between them.
  • She never took the car out specifically for me, she took it out with us both using it, we were both insured on both cars, she then upgraded her car to a better one and decided she wanted to use the new one for herself.

    She gave the brother the couches, but this was a change of mind from one day to the next, I was arranging to get them picked up when she told me I wasn't getting them, if she can do that so quickly with something like that then what's to stop her doing it with the car?

    I'm not planning on not paying anything back, if she had acted quickly and got the settlement the difference was 500 pounds, when she got the settlement it was 1700, now she's had to wait on the v5 she lost its now 2200.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Lp43496 wrote: »
    She never took the car out specifically for me, she took it out with us both using it, we were both insured on both cars, she then upgraded her car to a better one and decided she wanted to use the new one for herself.

    She gave the brother the couches, but this was a change of mind from one day to the next, I was arranging to get them picked up when she told me I wasn't getting them, if she can do that so quickly with something like that then what's to stop her doing it with the car?

    I'm not planning on not paying anything back, if she had acted quickly and got the settlement the difference was 500 pounds, when she got the settlement it was 1700, now she's had to wait on the v5 she lost its now 2200.

    If you are intent on making a contribution, then the actual figures do not matter.
    Whilst 2200 is very different to 500, it's not worth arguing over.
    They will have to accept at what rate or method you wish to make the contribution.
    You can go and seek advice from your local CAB, but it seems to me (I'm not legally trained) that they have little ground to force you to pay anything if they want to be ugly about it all.
  • I would offer to pay the initial £500. I would not pay for her delays or missing paperwork, it was ultimately in her interest to keep them safe as its all in her name.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    People are getting confused here.

    OP might not owe anything to the finance company because it was taken out in gf's name. That doesn't mean OP doesn't legally owe the gf.

    The gf will have to satisfy the court that a debt exists but depending on circumstances, this may be very simple - bank statements showing the OP sending her an amount every month which equates to the price of the finance agreement. Messages from OP asking what the settlement figure is. That he is the only one insured on the car/was paying the road tax & repairs etc.

    And the way I read OP, the ex sold the suite to her brother. OP panicked that she might possibly do something similar with the car
    so handed it back voluntarily and got another one.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    People are getting confused here.

    OP might not owe anything to the finance company because it was taken out in gf's name. That doesn't mean OP doesn't legally owe the gf.

    The gf will have to satisfy the court that a debt exists but depending on circumstances, this may be very simple - bank statements showing the OP sending her an amount every month which equates to the price of the finance agreement. Messages from OP asking what the settlement figure is. That he is the only one insured on the car/was paying the road tax & repairs etc.

    And the way I read OP, the ex sold the suite to her brother. OP panicked that she might possibly do something similar with the car
    so handed it back voluntarily and got another one.

    Of course readers are confused , we can only go on what the OP has written.
    From what I read they both had use of the suite and both had use of the car.
    Sadly for whatever reason the relationship soured .
    Then there were reactions and probably over reactions which leads them to the situation they are in.
    Even the ultimate question being asked initially wasn't clear (should he pay anything or not), now it seems the real question is how much should he pay, and even then that is based on a voluntary not legal arrangement.
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