Finance loan in exes name.. advice please!

HillStreetBlues

Jersey497 said:

HillStreetBlues said:

Jersey497 said:

If he doesn't give them permission to take the car, what happens next? I know the 1/3 payment rule is that they need a possession order but is there any way at all I could keep the car and they go after him for the money?

For the garage it's much easier to go after the car, rather then try and chase your ex for the money, that's why the loan is secured against the car.
If your ex decides not to pay, then I see the only way to keep the car is to take over the repayments, but if that happens you would need to make sure that the car is then fully yours.

Are there any rules around them not being able to take the car back once half etc has been paid?

No, the 1/2 rule would allow your ex to return the car and no further payment needs to me made.
If they take it now, your ex would still be liable for any shortfall between what he's owes and what they sell the car for.

HillStreetBlues

As I don't  know know what your ex will do and if he will continue paying so will look at his options apart from keeping paying and letting you keep the car.
If he stops paying now his credit rating will be affected and the hassle which that can involve.
If he pays until 50% is reached he can voluntarily terminate the loan and give car back, this does not affect his credit rating.

Jersey497

HillStreetBlues said:

As I don't  know know what your ex will do and if he will continue paying so will look at his options apart from keeping paying and letting you keep the car.
If he stops paying now his credit rating will be affected and the hassle which that can involve.
If he pays until 50% is reached he can voluntarily terminate the loan and give car back, this does not affect his credit rating.

Can they take the car back if 50% has been paid?

Jersey497

breaking_free said:

Okay, I'll be the bad guy here (and I'm female).
If the roles were reversed, and your partner was trying to make you keep paying for a gift after he broke up with you, would you be morally okay with that?
In your shoes I would find a way to take over the payments or give up the vehicle and get a cheaper one.

Yes I completely understand but we have had multiple conversations about this and he promised me and reassured me that he would always pay for the car whatever happens, shame that goes out the window even when the split is due to him!

HillStreetBlues

Jersey497 said:

HillStreetBlues said:

As I don't  know know what your ex will do and if he will continue paying so will look at his options apart from keeping paying and letting you keep the car.
If he stops paying now his credit rating will be affected and the hassle which that can involve.
If he pays until 50% is reached he can voluntarily terminate the loan and give car back, this does not affect his credit rating.

Can they take the car back if 50% has been paid?

Yes, they can take the car (might need a court order) until the finance is clear, as it their car until then.

tightauldgit

Jersey497 said:

HillStreetBlues said:

As I don't  know know what your ex will do and if he will continue paying so will look at his options apart from keeping paying and letting you keep the car.
If he stops paying now his credit rating will be affected and the hassle which that can involve.
If he pays until 50% is reached he can voluntarily terminate the loan and give car back, this does not affect his credit rating.

Can they take the car back if 50% has been paid?

Bear in mind that any arrangement would be solely between your ex (the borrower) and the finance company. If he tells them to repossess the car to settle the debt then you would have no say in the matter as you have no legal rights to the car at all.

Any of these rules or loopholes that might exist would only come into play if you ex wanted to contest the repossession but presumably he couldn't care less if you have a car or not.  

tealady

I take it you are not married?
Unfortunately if you are not then you have few options.
Is your partner the father of your children? If he is he will still have a responsibility towards the children.

warby68

Could you afford say half the repayments and see if that alters his view/goodwill?

I honestly don't think its very realistic to expect an ex to keep paying for a car for you over several years. He hasn't really bought you a gift as it isn't paid for. He is merely making the repayments, a smaller gift each month if you like.

T.T.D

Let’s slow it all down a second.

1. any payment toward the finance must first be OK with her Ex and him being present to authorise, it’s his balance and financial account surrounded by a wall of legal GDPR that would prevent the OP making any monetary contribution to reduce the balance without his consent. I would in no uncertain terms hand over cash to an alcoholic under the promise to pay off a balance of finance! I would want to pay them direct it’s the smart thing to do!

2. The protections afforded against repossession are that of the debtors the OP is not the debtor, therefore has no protections of any repossession, she has not got much protections from the ex coming to take it away either and she couldn’t stop him.

3.The vehicle doesn’t not belong in whole or in part to the OP. She is what I call a SUB Keeper the finance company holds the V5C in Lieu of payment any Issues that a keeper would be responsible for is then Passed to the OP if this done correct (a V5C is somewhat like a promissory note, you promote to keep all its documents and liabilities so VED, MOT, Fines and insurance and it Sorn declarations in order).

4. Contractual agreements between the Ex and OP is about the only thing that I can see that’s her recourse, whilst the car was a gift it wasn’t his to gift, and she ended the relationship so I fail to see how he caused her loss, you had and still would have known that ending things with him paying for car that you doesn’t own, but legally responsible for as a keeper would cause you issues and would have know you were unable to keep it, either legally or morally, alcoholics aren’t alcoholic over night, and trust me I know my daughter is one, his ongoing alcohol issues would or should have been present at the time of this “gift” for you to have got this far and have now had enough. 

5. You broke things off and no doubt you just want to move on, trying to hold onto the car when you want to clean break is counterproductive, you have no legal right to it as it’s not yours to hold onto it so morally I would say just make sure your off the V5c or administrative papers at the finance office to say your off as a keeper and arrange for him to pick it up from police station telling him the keys are with reception, then take it to your local plod station hand them the keys and walk away. 

Your holding onto the hope and notion that it was a gift and you can keep it, the reality is you can’t. 

DullGreyGuy

T.T.D said:

Let’s slow it all down a second.

1. any payment toward the finance must first be OK with her Ex and him being present to authorise, it’s his balance and financial account surrounded by a wall of legal GDPR that would prevent the OP making any monetary contribution to reduce the balance without his consent.

So lets say the OP manages to find the original paperwork and in that paperwork is the sort code, account number and reference number to use to make payments by BACS/Faster Pay.

Howexactly does your theory work @T.T.D? Each time the account receives a payment do you think they contact the debtor to double check its come from him, that its ok to apply and otherwise send the money back?

Absolutely data protection rules will precent them from discussing the debt with the OP or giving them the details to make payments but if they already have the details GDPR doesn't prevent them from receiving funds and crediting them towards the balance.

Its the same as if you posted your bank details online, anyone who wanted to could put money into your account (though at some point such random payments may trigger AML processes)