Car finance in ex partners name

nosh17sherlook

Looking for advice on where I stand in regards to "my" vehicle.

It was purchased over a year months ago on HP and went in my ex's name as at the time he had a more favourable rate. Shortly after this I was diagnosed with a critical illness and had to go on long term sick (reduced income…, will become relevent shortly) 

The vehicle was registered in my name from day 1 on the V5 and I paid the finance by way of SO to my ex's account each month. Insurance tax also in my.sole name. I know this doesn't prove ownership but it does prove I have an interest in the vehicle and that he allows me to use it at will with the assumption the vehicle would be mine when Pais iyswim

Ex has indicated he wants out of the agreement and wants me to refinance the car (not an option as my credit rating has taken a nose dive due to unpaid debts whilst on long term and huge reduction in earnings) 

I'm aware that he holds all the cards being named on the finance agreement and it's likely he will voluntary surrender the vehicle when that becomes an option. As such after our last heated conversation I have withdrawn payment. I won't continue paying for a car that will potentially be surrendered midway ish and lose all the payments I have made. Unfortunately Comms have broken down that much that with advice I have ceased all contact (numbers deleted and blocked) and I'm unable to write to him as have no forwarding address. 

I did contact him shortly after the 1st heated exchange stating if a legal doc was drawn up that guarantees it won't be surrendered and ownership will be left to me at the end of the term I would reinstate the monthly payments and clear the arrears. He never acknowledged the message so I can only assume he doesn't agree to those terms, and I'm not sure how legally binding they would even be.

Ideally id like to continue paying and keep the car but I can't trust that he won't surrender and I'll lose everything I've paid so far. Hence refusing to pay anymore. 

Now my question is, If he wanted to gain possession of the car, how would he need to do this? And will I be made responsible for my arrears to him? I'm confident he will still be continuing to pay the monthly installment as he won't want to damage his credit score. I'd like to make arrangements for.him.to take the car back but as stated I have no way of contacting him so I'm like a sitting duck waiting to see what action he can and will take. Any words of wisdom 

Brie

So you are the registered owner but ex has the finance.  Seems to me that this is the same as me buying the OH a car with my credit card.  If I stop paying the outstanding balance on the card the bank won't care that it's for a car the OH is driving.  They will simply want me to pay and escalate that to a CCJ or whatever for non payment.  

Now it may be that HP deals with things a bit differently - i've never used that way to buy things.  But ultimately the same thing should happen - if they get their money they'll be happy and won't care who's driving the car.  On that basis is there any way that you can pay them directly?

nosh17sherlook

Brie said:

So you are the registered owner but ex has the finance.  Seems to me that this is the same as me buying the OH a car with my credit card.  If I stop paying the outstanding balance on the card the bank won't care that it's for a car the OH is driving.  They will simply want me to pay and escalate that to a CCJ or whatever for non payment.  

Now it may be that HP deals with things a bit differently - i've never used that way to buy things.  But ultimately the same thing should happen - if they get their money they'll be happy and won't care who's driving the car.  On that basis is there any way that you can pay them directly?

Unfortunately not. They will only speak to the account holder and for me to pay them.directly I would need to refinance the car in my name which isn't an option due to my poor credit score. Hence my dilemma 

Mimi_Arc_en_ciel

nosh17sherlook said:

Looking for advice on where I stand in regards to "my" vehicle.

It was purchased over a year months ago on HP and went in my ex's name as at the time he had a more favourable rate. Shortly after this I was diagnosed with a critical illness and had to go on long term sick (reduced income…, will become relevent shortly) 

The vehicle was registered in my name from day 1 on the V5 and I paid the finance by way of SO to my ex's account each month. Insurance tax also in my.sole name. I know this doesn't prove ownership but it does prove I have an interest in the vehicle and that he allows me to use it at will with the assumption the vehicle would be mine when Pais iyswim

Ex has indicated he wants out of the agreement and wants me to refinance the car (not an option as my credit rating has taken a nose dive due to unpaid debts whilst on long term and huge reduction in earnings) 

I'm aware that he holds all the cards being named on the finance agreement and it's likely he will voluntary surrender the vehicle when that becomes an option. As such after our last heated conversation I have withdrawn payment. I won't continue paying for a car that will potentially be surrendered midway ish and lose all the payments I have made. Unfortunately Comms have broken down that much that with advice I have ceased all contact (numbers deleted and blocked) and I'm unable to write to him as have no forwarding address. 

I did contact him shortly after the 1st heated exchange stating if a legal doc was drawn up that guarantees it won't be surrendered and ownership will be left to me at the end of the term I would reinstate the monthly payments and clear the arrears. He never acknowledged the message so I can only assume he doesn't agree to those terms, and I'm not sure how legally binding they would even be.

Ideally id like to continue paying and keep the car but I can't trust that he won't surrender and I'll lose everything I've paid so far. Hence refusing to pay anymore. 

Now my question is, If he wanted to gain possession of the car, how would he need to do this? And will I be made responsible for my arrears to him? I'm confident he will still be continuing to pay the monthly installment as he won't want to damage his credit score. I'd like to make arrangements for.him.to take the car back but as stated I have no way of contacting him so I'm like a sitting duck waiting to see what action he can and will take. Any words of wisdom 

I'm confused because you have given yourself two options there. 

Firstly - You want to continue paying and keep the car, secondly you then state You want to make arrangements for him to take back the car. Which is it? 

How much is currently outstanding on the car? Do you know the settlement figure? 

nosh17sherlook

Mimi_Arc_en_ciel said:

nosh17sherlook said:

Looking for advice on where I stand in regards to "my" vehicle.

It was purchased over a year months ago on HP and went in my ex's name as at the time he had a more favourable rate. Shortly after this I was diagnosed with a critical illness and had to go on long term sick (reduced income…, will become relevent shortly) 

The vehicle was registered in my name from day 1 on the V5 and I paid the finance by way of SO to my ex's account each month. Insurance tax also in my.sole name. I know this doesn't prove ownership but it does prove I have an interest in the vehicle and that he allows me to use it at will with the assumption the vehicle would be mine when Pais iyswim

Ex has indicated he wants out of the agreement and wants me to refinance the car (not an option as my credit rating has taken a nose dive due to unpaid debts whilst on long term and huge reduction in earnings) 

I'm aware that he holds all the cards being named on the finance agreement and it's likely he will voluntary surrender the vehicle when that becomes an option. As such after our last heated conversation I have withdrawn payment. I won't continue paying for a car that will potentially be surrendered midway ish and lose all the payments I have made. Unfortunately Comms have broken down that much that with advice I have ceased all contact (numbers deleted and blocked) and I'm unable to write to him as have no forwarding address. 

I did contact him shortly after the 1st heated exchange stating if a legal doc was drawn up that guarantees it won't be surrendered and ownership will be left to me at the end of the term I would reinstate the monthly payments and clear the arrears. He never acknowledged the message so I can only assume he doesn't agree to those terms, and I'm not sure how legally binding they would even be.

Ideally id like to continue paying and keep the car but I can't trust that he won't surrender and I'll lose everything I've paid so far. Hence refusing to pay anymore. 

Now my question is, If he wanted to gain possession of the car, how would he need to do this? And will I be made responsible for my arrears to him? I'm confident he will still be continuing to pay the monthly installment as he won't want to damage his credit score. I'd like to make arrangements for.him.to take the car back but as stated I have no way of contacting him so I'm like a sitting duck waiting to see what action he can and will take. Any words of wisdom 

I'm confused because you have given yourself two options there. 

Firstly - You want to continue paying and keep the car, secondly you then state You want to make arrangements for him to take back the car. Which is it? 

How much is currently outstanding on the car? Do you know the settlement figure? 

If I can keep the car with a guarantee that it won't be surrendered of course that is the ideal outcome. If he won't agree to that then he can take the car back. But as stated I can't contact him anymore and he didn't communicate with me to agree the above terms (and even of he had agreed I'm not sure it would hold any legal standing if I continued to pay and he decided at the halfway point he was going to surrender it anyway). Hence my dilemma and just sitting and waiting wondering what will happen and when

nosh17sherlook

And no I don't know the figures I'm afraid. 

T.T.D

1. Pay with gritted teeth including the arrears to your ex. Don’t cut off your nose to try and spite his face. It’s playing to his advantage.

2.This is two separate issues at play as I see it.

He pay’s the HP, you pay him for privilege of a vehicle in the mean time, eventual ownership once the Hp is paid, that’s your agreement and is proven with all your payments and his non possession of it, your name being keeper on the v5c and person responsible for it forms part of that contract that “verbal” agreement between you both become’s somewhat more formal and solidified.

Neither of you “own” the car the Hp does until the last penny is paid. Your the responsible party for it. 

if he stops the HP payments, HP company will demand payment and take it court for the balance remainder and OR their asset to be surrendered, if the asset isn’t surrendered voluntarily it will incur more charges on the account because they get a company to find and locate asset remove and recover, store transport and auction it incurs fees including any other fee to recode a key. That’s between them and him and if that’s his way separating you both financially that’s his decision…not a good one but his to make nonetheless.

Once the vehicle is removed from you or your asked to surrender it to him or someone else, you seek costs from HIM to recover your payments for breach of contract, stopping your payments puts you in breach of contract with him and his then surrendering it will become a valid cause because you breached the contract hence your playing into his advantage not paying him.

I would continue paying until such time the vehicle is removed or your forced to surrender it.

Keep all bank transactions to him past and present.

Take it to court once he breaches the agreement he had with you. 

Discussions with you to take over payments is not a breach as I see it, he hasn’t stopped payment, you have! your in breach as I see it. 

You need Correct this and bring the agreement whole again, then get writing to him via recorded delivery stating that as per your agreement upon taking out the Hp you continue to pay, until the Hp is settled. Once the Hp is settled and he has notifications of such via HP company, you own the vehicle thereafter. Until such time you remain keeper and continue to pay the monthly instalments as per agreement. 

400ixl

The V5C is mostly irrelevant, it shows you are the registered keeper of the registration plate assigned to the car (which the DVLA own). The ownership of the vehicle lies with the HP company.

Are you still driving the vehicle? This is a risk as your ex as the signee for the HP agreement, or the HP company could report you for driving the vehicle without permission, which even if the insurance is in your name could invalidate it as that will be a condition. How much of a risk that is will depend on how vindictive your ex may want to get.

You really have two choices, make the peace, get the payments up to date and try to work out a solution going forwards. Or stop any activity to do with the car and make it entirely your ex's problem and go and sort out your own longer term solution.

As you say to a degree your ex holds many of the cards. The ones he doesn't hold are: Paying the HP until he can surrender the car the cost of insuring the car (that will be a requirement of the HP agreement) and the tax as if you stop one you may as well stop them all and transfer those costs. There may also be maintenance costs like servicing in the time before surrender.

nosh17sherlook

T.T.D said:

1. Pay with gritted teeth including the arrears to your ex. Don’t cut off your nose to try and spite his face. It’s playing to his advantage.

2.This is two separate issues at play as I see it.

He pay’s the HP, you pay him for privilege of a vehicle in the mean time, eventual ownership once the Hp is paid, that’s your agreement and is proven with all your payments and his non possession of it, your name being keeper on the v5c and person responsible for it forms part of that contract that “verbal” agreement between you both become’s somewhat more formal and solidified.

Neither of you “own” the car the Hp does until the last penny is paid. Your the responsible party for it. 

if he stops the HP payments, HP company will demand payment and take it court for the balance remainder and OR their asset to be surrendered, if the asset isn’t surrendered voluntarily it will incur more charges on the account because they get a company to find and locate asset remove and recover, store transport and auction it incurs fees including any other fee to recode a key. That’s between them and him and if that’s his way separating you both financially that’s his decision…not a good one but his to make nonetheless.

Once the vehicle is removed from you or your asked to surrender it to him or someone else, you seek costs from HIM to recover your payments for breach of contract, stopping your payments puts you in breach of contract with him and his then surrendering it will become a valid cause because you breached the contract hence your playing into his advantage not paying him.

I would continue paying until such time the vehicle is removed or your forced to surrender it.

Keep all bank transactions to him past and present.

Take it to court once he breaches the agreement he had with you. 

Discussions with you to take over payments is not a breach as I see it, he hasn’t stopped payment, you have! your in breach as I see it. 

You need Correct this and bring the agreement whole again, then get writing to him via recorded delivery stating that as per your agreement upon taking out the Hp you continue to pay, until the Hp is settled. Once the Hp is settled and he has notifications of such via HP company, you own the vehicle thereafter. Until such time you remain keeper and continue to pay the monthly instalments as per agreement. 

I'm sorry but I don't understand your post. How am I in breech of our agreement when he has made it clear he wants to sever the financial tie to me by requesting I refinance the vehicle.in my own name, which I am unable to do and If I continue to pay I will lose all payments when he either re takes possession or surrenders the car when the agreement with hp company allows.

I can not write to him as I have no forwarding address and the number I have for him is no longer active. He failed to respond to my message requesting assurance that the above wouldn't happen and because of hostilities and my vulnerable state I was advised to block him from social.media etc and I believe he has done the same with me. 

I'm not in a financial position to bring a civil claim against him due to being on long term sick. What I asked is what action can he take against recovering the car as without a legally binding document that states he can't surrender the car at the midway point I'm not prepared to place my.already stretched finances at further risk of loss.

As I stated ideally it would be amicable and I'd like to keep the car but realistically I can't stop him from surrendering it (I don't think there is a legal doc in the land that can prevent him from doing that unless someone here can tell me otherwise).

Therefore I see no option but for me to cease payment, cut my losses and await further action from him. If he takes that route will I be responsible for the arrears to him? I doubt there will be any to the finance company but can't be sure as they will not discuss it with me as he is the account holder. 

400ixl

That would be up to a court to decide if you had a verbal contract that you would be funding the car. It is certainly a risk that he could go after you for the costs. I don't believe the finance company could pursue you directly.

nosh17sherlook

I have been looking at replacement vehicles. I can't return the car to him as I have no way of contacting him and no forwarding address.

This is why I stated o feel like a sitting duck waiting to see what happens. 

I can't even amend the V5 as I have no address to transfer it to his name. It's stored on the road so needs to be taxed and insured.  if I cancelled everything and it was impounded the fines/penelties would come to me. 

It's a bloody messy situation!