False Indemnity Claim by ex partner

h_165

Hello All,

I am fairly new to this and I am extremely in need of some help and hope.

I have a car finance agreement which is in my name, I used to transfer the monthly payment from my account to my partners account which wasn't a joint account and from there the car finance had the sort code and account number for my ex partner for the funds to come out of.

Now cutting a long story short payments from the 28/06/2018 to the 28/04/2019 have been claimed through her bank through an indemnity claim and this has actually been accepted and now I have been given a letter by the finance company to provide the amount owed for the above dates.

Now my argument is that how has this been accepted as my ex partner transferred funds to my account and vice versa so her bank (halifax) should have known this isn't a legitimate indemnity as she transferred funds to me also and had me down as a "payee" on her banking applicaiton.

I have contacted my bank and finance agreement and advised there is not much I can do for some reason.

Please can anybody help, any advice or help would be much appreciated

Thank you in advance!

[Deleted User]

Explain why you didn't just pay the finance agreement directly?

h_165

It was due to her loosing her job throughout these months so being in a relationship I thought at the time it was the right thing for me to do

[Deleted User]

h_165 wrote: »

It was due to her loosing her job throughout these months so being in a relationship I thought at the time it was the right thing for me to do

So you paid your car finance fee to your ex-partner and expected her to pay it on to the correct recipient? Why would that be "right" simply because she had no job? I can't see any benefit to her from this arrangement unless she chose not to pay...

It very much looks to me as if you'll have to pay the money still owing and attempt to recover the cost of this from your ex. Make no mistake, this is your debt not your partner's regardless of how you had payment set up.

BoGoF

She has screwed you over.

This is between you and your ex.

AnotherJoe

h_165 wrote: »

It was due to her losing her job throughout these months so being in a relationship I thought at the time it was the right thing for me to do

Nope, that still makes no sense at all. Is there something you've missed out?

h_165

thanks for your reply

I saw the payment from her account being accepted by my finance agreement and my finance agreement also had my ex partners sort code and account number that the payment were taken from. But as soon as we split she filed an indemnity claim, it seems like a bit of a coincidence.

Bermonia

Who’s finance is it, if it’s yours then what she has done whilst may be immoral is perfectly legitimate.

You will need to pay the finance company direct... still not clear why you weren’t already and then try and see if she will return you your money she claimed back.

h_165

Yes the agreement is in my name, the only argument i have is that how has she claimed an indemnity when the bank can clearly say she has made payments to me and I have made payments to her?

SonOf

I have contacted my bank and finance agreement and advised there is not much I can do for some reason.

The bank cannot take into account any personal arrangements you may make.

The account holder has made an indemnity scheme claim. The bank has refunded her. They claim the money back from the originator. The originator pays the bank and voids the repayments from the loan and contacts the borrower giving them a window to make the payment before they record it as a default.

The bank is not in a position to decide whether and indemnity claim is valid or not. And in reality, it looks valid. So, it wouldn't matter even if they did.

This is between you and your ex.

h_165

Here is an explanation in a bit more detail,

At first she was making these payments with her own fund – I was intern paying for us both to be insured on the car. Upon losing her job I began to pay for it by standing order to her bank account. I changed the direct debt into my bank account soon after separating as we agreed I would keep the car due to me paying for it prior.

She called her bank and claimed the last 10 months were taken fraudulently. They refunded her all the money and have now sent me a bill for these payments, even though it was I who transferred her the money for these payments.

How can it be acceptable as fraudulent when I am a payee on her bank account transferring her the exact funds to cover the finance, and now this finance is in my name? Is there anything I can do about this at all? I understand the bank may not take person arrangements into account, however is there no legal way around it?

I would understand if they charged me for the months she did pay it as I now own the car, but for the entire period?

Thank you guys for your help, I really appreciate it.