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Volontare termination

Hi. I need some advice... Im totally lost. 
I took Hire Purchas loan to get a van for my husband. He is register keeper. Now I want to divorce him, but he refused give the van back. He doesnt pay, I do.... I am able to go for volontare termination, but Will bank accept if dvla is with his name? I cant take This to court, Just can not afford.....
Any ideas please
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  • ryan92
    ryan92 Posts: 602 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Voluntary Termination would require the van to be sent back to the finance company for the agreement to be terminated.

    Currently in a Trust Deed 30 payments until DEBT FREE - February 2027
  • Thank you Ryan. Do you have any other ideas? I want to awoid Just to stop paying... 
  • Tell him if he wants to keep the van, he will have to give you money towards the payments.
    There is not much else you can without defaulting on the HP agreement.
  • Thanks. Heve been told. He doesnt care since he knows I dont really have many options.... If I take it to court, what might happen? Do you have any idea about cost and proces? 
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 February 2020 at 9:14AM
    On what basis would you take him to court though? Are you still the legal owner - and can hopefully evidence that? Or was it given as a gift?

    Regardless of that, you said you just cannot afford to go to court.
  • sourcrates
    sourcrates Posts: 30,239 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Agnes1103 said:
    Hi. I need some advice... Im totally lost. 
    I took Hire Purchas loan to get a van for my husband. He is register keeper. Now I want to divorce him, but he refused give the van back. He doesnt pay, I do.... I am able to go for volontare termination, but Will bank accept if dvla is with his name? I cant take This to court, Just can not afford.....
    Any ideas please
    Just stop making the payments, the van will be repossessed by the finance company.
    Only problem is this action will affect your credit file.
    You have no case through the courts, its a civil dispute.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Zx81. Bank is a legal owner. Its HP loan. My ex is a register keeper. I took a loan and I pay that off. 
  • On what basis would you take him to court though? Are you still the legal owner - and can hopefully evidence that? Or was it given as a gift?

    Regardless of that, you said you just cannot afford to go to court.
    Can you gift something that you, legally, do not own?
    i would ring the finance company and explain that you want to voluntarily terminate, but you husband has their asset and refuses to give it back. They may say that they can't help, but they may be able to at least give you some ideas.
    I came into this world with nothing and I've got most of it left.
  • Or, if you really want to test his resolve, tell him that you are paying for the van, the V5C (log book) is not proof of his ownership and, if he doesn't return it, you will report it stolen.
    I came into this world with nothing and I've got most of it left.
  • molerat
    molerat Posts: 33,055 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Or you hire a man to recover it in the middle of the night, you should have enough paperwork I hope to prove you are the one legally responsible for the vehicle.
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