Car finance in ex partners name

T.T.D

On the face of it, you both have an agreement when you were together.

He has a contractual obligation to pay HP company, you have a “agreement”
to pay him the amount as so he isn’t put out financially (he’s your “sub creditor” and you benefit from the agreement by way of a vehicle registered to you, for your sole use. 

He has asked for you to take over finances, or he “could” surrender it, but your unable to take over, as you say he probably would continue to pay it due to his fear of a poor credit report anyway, but you cannot any longer pay the monthly money to him due to your “fear” he would or could or potentially surrender it from under you. 

He was in renegotiation with you to your alter the terms of the prior agreement, you said no and therefore it defaults back to your prior agreement.

You’ve now breached that agreement because of your fear he could potentially surrender the vehicle and stopped payment, therefore your in breach, you left yourself open to be taken to court for his losses based on your actions, had you just continued to pay regardless of him stating he’d surrender it or default or whatever, there was pretty much nothing else he could do he must continue on other than looking spiteful and damaging his own credit rating by defaulting or voluntarily surrendering the vehicle, he would be liable to your losses in that event and eventually with civil action could have be reimbursed.

But it’s now reversed, you’ve left him holding the financial costs of the vehicle, and every payment missed by you justifies his actions of handing it back and handing you a civil claim to losses. 

As the debtor of the HP company he has little right to collect it from you, he’s merely a sub creditor to you, but if he surrenders it or defaults and the HP company want to know where their asset is, there’s two option they can take, get a company to locate and recover or call police and report it stolen. 

ontheroad1970

The agreement for the car is between him and the finance company.  They actually would not be happy that he had sub let it out - it is questionable legally to be honest.  He holds all the cards in relation to the car since the agreement for it are between him and the finance company who own the car until the very last payment is made.  You have no relationship at all to the car in legal terms as you are not party to the agreement.

He can either voluntary surrender it, if less 50% of the amount payable under the agreement has been paid at the point of surrender, or he can voluntarily terminate the agreement by paying up to the 50% mark.  If he stops making the payments then eventually the finance will want to repossess the car.  If you do not let them take it, then it may well go badly legally, as it is not yours in any sense, legally.

The V5 is a document stating who the registered keeper is, not the owner.  

There may be legal arguments for you against him, based on any agreements, but if these aren't in writing, then it will likely be very difficult.  

TBagpuss

I would put funds to one side each month equal to the monthly payments - if he gets back in contact you can explain that you are willing to pay the arrears and to pay moving forward subject to a written agreement from him that he will not surrender the car and will pay the monthly payments until [whatever date the agreement ends]

That way, if he surrenders the vehicle you have a pot of savings you can use to buy a different vehicle, and if he doesn't you can pay him.

You say you can't contact him any more - do you not know where he is living? If you do, send a letter (keep a copy and proof of postage) offering the options - either he agreed that the car will not be surrendered and that the payments will be made each month by you to him and  by him to the finance co and he will indemnify you if they are not, or he arranges to collect the vehicle and you will have no further liability.

If not, you could send a letter addressed to him 'care of' his parents or another family member, if there is someone whose address you do have.

Has he actually blocked you or is he simply not responding?

CottonTail

Lesson here. ALWAYS get your own loans/credit. And if you absolutely HAVE to get help, HAVE IT WRITTEN DOWN and signed 

DE_612183

Can you surrender a vehicle on HP - thought that was just PCP?

FBaby

So he did you a favour by signing the hp contract so you can drive this car. Yet you are now punishing him for it.

Until you have paid the car, you don't own it, you are borrowing it. Your payments are no different to paying rent to a landlord. You can't demand that the car becomes yours when payments are made. It was a personal agreement but with no guarantee. That was part of the deal with both of you sharing the risks.

You seem to want all the advantages of the arrangement and him all the risks!

I also struggle to believe you can't get in contact. No even an email address? Not one friend or family members to ask? Really?

You can ignore it but if it goes to court, he'll get the car, you'll have to pay the arrears and you'll have the court costs on top of it. 

JReacher1

Think I am on the exboyfriends side here. He agreed to finance the car to help the OP out. Now they’ve split up he quite rightly wants her to take over the HP agreement. Due to the OP’s poor financial situation she can’t do that so appears for be punishing her ex by forcing him to either take over payments or trash his own credit history. 

Doesn’t seem right really. 

Maskface

JReacher1 said:

Think I am on the exboyfriends side here. He agreed to finance the car to help the OP out. Now they’ve split up he quite rightly wants her to take over the HP agreement. Due to the OP’s poor financial situation she can’t do that so appears for be punishing her ex by forcing him to either take over payments or trash his own credit history. 

Doesn’t seem right really. 

That's how I took it too. It doesn't seem right at all if that's the case.