Personal contract hire car

ebs367

Hi

I'm currently watching last night's episode on catch up about car finance. 

I've just seen that claims can't be made for PCH which is a disappointment. 

I had a car on PCH and I've had to give it back as I went through a divorce and couldn't afford it. My then wife was paying for the car as she would be using it more than me but it was in my name. 

My issue is that they didn't really do any checks to see if the vehicle was affordable to me. I sent them information on how much I earned and let them know that my wife would be paying for the car but under my name as my wages would cover the other outgoings (household bills). They didn't ask any other questions or do any checks and let us have the car. 

And like I said I went through a divorce and couldn't afford the car and I've had to return it leaving me £4000 in debt. 

My ex wife refused to help in any way saying that she couldn't afford to keep the car and missing payments even though she was using it for work. 

Now I'm left paying this thing off 😭 is there any advice you could throw my way? 

I did email the Martin Lewis site but they suggested I should post on here. So here you go. 😁

Thanks all 

ontheroad1970

In all these legal actions, there seems to be a complete lack of personal responsibility.  It's quite sad and in the end puts up prices for all, and in the end the only ones that really gain are the ambulance chasing law firms,

Without meaning to be blunt, the dealer isn't responsible for knowing whether you will stay married for the full term of the agreement.  Do you want dealers to follow spouses around and do a marriage compatibility check?  You either sign the agreement or not.  

If a dealer uses fraudulent tactics or actions that is another matter, but a purchaser/borrower/Lessee not working out the maths before signing on the dotted line has to have a substantial amount of responsibility to check their finances.  

Nasqueron

What is there to complain about? They sold you a car hire finance package which, at the time, you could afford and they would have done credit checks in the background based on your income as you were taking it out.

The current scandal is about car sales finance, not PCH and in your case you were not miss-sold - all that matters is at the point of sale, not a divorce or subsequent problems

born_again

As ex-wife was using it more than you & paying for it. Why was it not in her name?

400ixl

This whole finance miss-selling is about whether the dealer was given free reign on what interest rate they charged you. From what I understand they weren't given that leeway with PCH, so there is no claim.

Affordability checks are a completely different topic.

As for your situation, it would have been better for you to have taken the finance in your ex-wifes name if she was going to be the main user and could afford it.

Not sure there is much you can do now. Assume you have been through your divorce and have your financial settlement order agreed? Even if not as the agreement was in your name, not joint I don't think you have any come back.

Desmond_Hume

You’ve not claim to a free lunch here. Your martial issues and subsequent financial difficulties are not the issues of the lease company. 

DullGreyGuy

400ixl said:

This whole finance miss-selling is about whether the dealer was given free reign on what interest rate they charged you. From what I understand they weren't given that leeway with PCH, so there is no claim.

Affordability checks are a completely different topic.

As for your situation, it would have been better for you to have taken the finance in your ex-wifes name if she was going to be the main user and could afford it.

Not sure there is much you can do now. Assume you have been through your divorce and have your financial settlement order agreed? Even if not as the agreement was in your name, not joint I don't think you have any come back.

PCH, aka leasing, doesn't have a formal interest rate for it to be increased. The whole legal basis is different given you are renting the vehicle without a purchase option hence VAT treatment is also different etc. 

ebs367

Yeah I see this. Thanks. I'm self employed and they didn't ask to see any proof of earnings just asked my monthly take home. But like it's been said it's probably done on the credit check. 
The car was in my name cause she couldn't get credit as she'd be a student and had no credit score. 🤷🏻‍♂️ My bad. Nothing I can do I guess. Thanks anyway all 

ontheroad1970

So basically you are happy at the time for them to not be thorough, but complain about them not being strict and thorough after the event.  To be fair you have been unlucky to an extent since you possibly had no idea that your marriage would break down, but it is all the more important to be more thoughtful when entering an agreement.  Perhaps you should take possession of the leased vehicle yourself since she isn't paying.  But that might start off other issues.  How long do you have left on the agreement?