Car finance in ex's name but I am registered keeper..

Samm0202

spadoosh wrote: »

Because were not, you cant possibly expect us to be privvy to all the information from a few posts you provide on the internet. Its just not possible. Imnot saying youre deliberately hiding something.

If this is literally correct...



Then you are reneging on the private agreement you made if you leave the car on his drive and stop paying the monthly payments. And further, depending on the nature and intention of that agreement he could be well within his rights to sue you for losses incurred as a result. And this is exactly what im warning you about.


So i honestly dont think your liability ends with you parking the car at his and changing the registered keeper. And depending on the nature of said ex you could be opening yourself up a can of worms due to rushing to reduce to one car.

I appreciate he might not be playing ball, but you really need to be doing everything you can to show that you are fulfilling what was agreed between you. Dumping the car back on him at first opportunity or without you taking reasonable approach could lead to problems. So be careful.

You say "you are reneging on the private agreement you made if you leave the car on his drive and stop paying the monthly payments" but, as I said in the same response, it was always the case that the car would be VT'd at the half way point. So I disagree that I an reneging on the agreement, infact, HE is.

What reasonable approach do you suggest I can take?

spadoosh

Samm0202 wrote: »

You say "you are reneging on the private agreement you made if you leave the car on his drive and stop paying the monthly payments" but, as I said in the same response, it was always the case that the car would be VT'd at the half way point. So I disagree that I an reneging on the agreement, infact, HE is.

What reasonable approach do you suggest I can take?

Thats good, just show him that agreement and say youre willing to give it to a judge should they need to decide on the matter.

And this is where i think you become a bit stuck because you cant show such an arrangement (if you can theres no discussion to be had).

Lets say you leave the car on his drive andhe takes the hump about it, costs him some money for whatever reasons. He paints you as the reason for this expense. Wnats to et back at you whatever. He decides hes taking you to court. You get court papers and like most sensible people respond. The whole thing gets taken to court.

He can show the judge you where a couple, the car is reigstered in your name, youve made 2+ years of payments to him, for the exact amount that the agreement is for. What can you show? Can you show that you both agreed a VT? Can you show that the intention was for you to never have the car, even though youve had it now for 2+ years and paid for it. Can you show that youve requested a VT and that youve acted reasonably in getting this instructed. ie more along the lines of "i'd like to VT the car, i appreciate this will take time to sort out so if this could be done inthe next two months that would be brilliant"... etc.

If you cant, you need to scrap the idea of leaving the car at his because youre opening yourself up to problems. If you can, drop the car off and forget about it, unless court papers show up, in which case just provide all the evidence you have and itll be pretty clear cut.

warby68

AnotherJoe wrote: »

She cant sell it, its got finance against it in ex's name, and hes not interested in getting rid or VTing, thats the issue !

Talk about making a simple thing complicated, OPs already got the solution and will implement it, no need to make up conspiracy theories about why the finance was bought (or state the OP would be worse off when can VT it he just cant be arsed to). All this is in the OPs earlier posts.

I know she can't on her own - I mean agree to 'jointly' sell it.

He doesn't want the work, he's lazy whatever but after 2.5 years this might be the path of least resistance. She does the 'work' but the deal does get done.

The problem with doing what you CAN just because you can, is that the aggrieved person starts more trouble than it was worth.

Samm0202

spadoosh wrote: »

Thats good, just show him that agreement and say youre willing to give it to a judge should they need to decide on the matter.

And this is where i think you become a bit stuck because you cant show such an arrangement (if you can theres no discussion to be had).

Lets say you leave the car on his drive andhe takes the hump about it, costs him some money for whatever reasons. He paints you as the reason for this expense. Wnats to et back at you whatever. He decides hes taking you to court. You get court papers and like most sensible people respond. The whole thing gets taken to court.

He can show the judge you where a couple, the car is reigstered in your name, youve made 2+ years of payments to him, for the exact amount that the agreement is for. What can you show? Can you show that you both agreed a VT? Can you show that the intention was for you to never have the car, even though youve had it now for 2+ years and paid for it. Can you show that youve requested a VT and that youve acted reasonably in getting this instructed. ie more along the lines of "i'd like to VT the car, i appreciate this will take time to sort out so if this could be done inthe next two months that would be brilliant"... etc.

If you cant, you need to scrap the idea of leaving the car at his because youre opening yourself up to problems. If you can, drop the car off and forget about it, unless court papers show up, in which case just provide all the evidence you have and itll be pretty clear cut.

I think you're possibly taking other people's suggestions as my preferred method of dealing with this matter when that is not the case. We are not friends, but I would like to deal with this as amicably and civilly as possible. At no point have I said that I WANT to drop the car at his driveway and wash my hands of it without the courtesy of a heads up.

I have, at the beginning of September, contacted him to advise that we are looking at getting a new car and suggested he find out how to go about VT'ing. He responded that he wants me to trade the vehicle in. I advised that I wasn't aware that was possible given that the car was not in my name, he said it should be. I contacted a garage who confirmed that, with written authority from him, this could be done.

We have since decided that we would rather buy the new car cash instead of paying interest on a finance agreement. As such, the car cannot be traded in. The car also cannot be sold. The only option, and it would appear it is a simple option, is for him to VT the car. I have contacted him, once again, confirming all of the above and agreeing that I will pay the October instalment to give him time to look into VT. He has not replied. I cannot force a response from him and, although I do not want to leave the car on his drive without warning - I feel I have warned him as best I can and am not sure what else I am expected to do in this situation.

ETA: "Thats good, just show him that agreement and say youre willing to give it to a judge should they need to decide on the matter.
And this is where i think you become a bit stuck because you cant show such an arrangement"

The agreement was made via text so yes, I can show this.

Samm0202

warby68 wrote: »

I know she can't on her own - I mean agree to 'jointly' sell it.

He doesn't want the work, he's lazy whatever but after 2.5 years this might be the path of least resistance. She does the 'work' but the deal does get done.

The problem with doing what you CAN just because you can, is that the aggrieved person starts more trouble than it was worth.

Regardless of who puts the work in, the sale price will not be enough to cover the oustanding finance so is not a viable option.

spadoosh

Samm0202 wrote: »

I think you're possibly taking other people's suggestions as my preferred method of dealing with this matter when that is not the case. We are not friends, but I would like to deal with this as amicably and civilly as possible. At no point have I said that I WANT to drop the car at his driveway and wash my hands of it without the courtesy of a heads up.

I have, at the beginning of September, contacted him to advise that we are looking at getting a new car and suggested he find out how to go about VT'ing. He responded that he wants me to trade the vehicle in. I advised that I wasn't aware that was possible given that the car was not in my name, he said it should be. I contacted a garage who confirmed that, with written authority from him, this could be done.

We have since decided that we would rather buy the new car cash instead of paying interest on a finance agreement. As such, the car cannot be traded in. The car also cannot be sold. The only option, and it would appear it is a simple option, is for him to VT the car. I have contacted him, once again, confirming all of the above and agreeing that I will pay the October instalment to give him time to look into VT. He has not replied. I cannot force a response from him and, although I do not want to leave the car on his drive without warning - I feel I have warned him as best I can and am not sure what else I am expected to do in this situation.

Ive not assumed anything. You asked if you would be liable. Ive pointed out that you might be liable depending on the circumstances. Ive given typical scenarios but again under no assumption that these are what have taken place. (i have assumed there isnt anything written between you that will immediately absolve any liability you might have.) thats not say you are or are not liable for anything. This is why i mentioned not having all the relevant information.

Now that youve given all the information showing you acting reasonably it seems apparent that youve acted reasonably (there might be some argument about enough notice, but i would call a month reasonable). So, again, based on the information youve provided, you should be ok.

I do still find it strange that someone wants to keep a finance arrangement for someone else, when they can easily absolve them self from that liability. Again, no insinuations with anything here but its not what i would call typical behaviour. That alon would make me want to do everything by the book.


To reply to your edit. Something you need to be careful is the accuracy of what youre saying too. My comment was about voluntary termination. IN which youve suggested you have an agreement in the same post which suggests no such agreement exists.

I have, at the beginning of September, contacted him to advise that we are looking at getting a new car and suggested he find out how to go about VT'ing. He responded that he wants me to trade the vehicle in. I advised that I wasn't aware that was possible given that the car was not in my name, he said it should be. I contacted a garage who confirmed that, with written authority from him, this could be done.

We have since decided that we would rather buy the new car cash instead of paying interest on a finance agreement. As such, the car cannot be traded in. The car also cannot be sold. The only option, and it would appear it is a simple option, is for him to VT the car. I have contacted him, once again, confirming all of the above and agreeing that I will pay the October instalment to give him time to look into VT.

Theres no agreement if hes not replied. Thats just a term you want him to agree to at the moment.


ETA ther emight be an agreement if you now mention an agreement in which that exact conversation was had, bear in mind im responding to the information that is provided.

Samm0202

spadoosh wrote: »

Ive not assumed anything. You asked if you would be liable. Ive pointed out that you might be liable depending on the circumstances. Ive given typical scenarios but again under no assumption that these are what have taken place. (i have assumed there isnt anything written between you that will immediately absolve any liability you might have.) thats not say you are or are not liable for anything. This is why i mentioned not having all the relevant information.

Now that youve given all the information showing you acting reasonably it seems apparent that youve acted reasonably (there might be some argument about enough notice, but i would call a month reasonable). So, again, based on the information youve provided, you should be ok.

I do still find it strange that someone wants to keep a finance arrangement for someone else, when they can easily absolve them self from that liability. Again, no insinuations with anything here but its not what i would call typical behaviour. That alon would make me want to do everything by the book.

You said "If you cant, you need to scrap the idea of leaving the car at his" - assuming this was the course of action I wished to take.

I do wish to re-iterate that this was not my car to begin with. The finance was taken in his name, he was the registered keeper and the car was insured with him as the main driver. The keeper details and insurance was only changed over to me after we split.

Whether you find it strange that the finance agreement has remained in his name, is neither here nor there and does not affect the situation at hand. His behaviour so far has proved he is lazy - the agreement was kept in his name and the payments were being met. I assume he trusted that, despite the reasons for separation, that I would never withhold payments, and he was correct. So why bother with the "hassle" of changing the agreement? That was up to him.

I do feel that I have acted reasonably and believe I have given him longer than a month notice. I informed him of my wishes on 07 September 2018 and have stated that I will pay October's payment which would give him until 31 October 2018 to have the agreement terminated.

In response to your edit, that is not the agreement to the VT that I previously referred to. I contacted him in November 2017 asking if he knew when it could be handed back. He replied "yes, I think in the Summer it can be handed back".

spadoosh

Samm0202 wrote: »

You said "If you cant, you need to scrap the idea of leaving the car at his" - assuming this was the course of action I wished to take.

I do wish to re-iterate that this was not my car to begin with. The finance was taken in his name, he was the registered keeper and the car was insured with him as the main driver. The keeper details and insurance was only changed over to me after we split.

Whether you find it strange that the finance agreement has remained in his name, is neither here nor there and does not affect the situation at hand. His behaviour so far has proved he is lazy - the agreement was kept in his name and the payments were being met. I assume he trusted that, despite the reasons for separation, that I would never withhold payments, and he was correct. So why bother with the "hassle" of changing the agreement? That was up to him.

I do feel that I have acted reasonably and believe I have given him longer than a month notice. I informed him of my wishes on 07 September 2018 and have stated that I will pay October's payment which would give him until 31 October 2018 to have the agreement terminated.

In response to your edit, that is not the agreement to the VT that I previously referred to. I contacted him in November 2017 asking if he knew when it could be handed back. He replied "yes, I think in the Summer it can be handed back".

You asked the question in your very first post about your liability should you hand the keys back and leave it on his drive. Forgive me if i have on occasion made an assumption that is an idea you might be entertaining.

Im not going to reply from here, you appear to have taken umbridge with my posts. None of which have been incorrect information and all of which have been posted in good faith to highlight any potential problems you might face. I appreciate telling oyu there might be consequences of your actions depending on said actions might not be to your liking but that does not detrac from that being true.

The simple facts are:

We do not know all the information, many people have replied along the lines of 'based on what youve said'. This is what i did, you took exception.

Youre almost certainly in some kind of contract with the ex, so your liability does not simply stop by handing the keys to him and re registering.

You later fed bits of information that suggest you are heading down the right route to be able to do what you initially asked if you had any liability for, based off of the information that you have provided.

tetley

ChrisK..... wrote: »

I'm also not sure why he's not coming after you for the payments that he's made to a car that he no longer has, because I would

You need to go back and read it all again, as your talking rubbish

JimmyTheWig

Samm0202 wrote: »

Whether you find it strange that the finance agreement has remained in his name, is neither here nor there and does not affect the situation at hand.

Oh, but it does.
Well, no, it doesn't matter whether spadoosh finds it strange, but it might matter if a court finds it strange.
We're talking about the scenario where you hand the car back to your ex and it ends up costing him money. He feels agreived that it's cost him money and asks you to pay for it. You refuse. He takes you to court.
Now, this court will work on the balance of probabilities. If your ex's story sounds more likely than your story then the judge is likely to believe him over you. And you may then end up having to pay (at least some of) these costs.

So the fact that spadoosh thinks that your story is strange is relevant. If spadoosh thinks it is strange, the judge may think it is strange.