Ex refusing to return car on finance

Louise310119

I was an abusive relationship and during that time I stupidly got car finance out for him. 

I didn’t for a second think I would be accepted for a £24000 finance seeing as I had just gotten car finance for myself a month beforehand. Why would they accept an unemployed mother two finances???

it’s not their fault I know that but whilst I was put under pressure and felt like I had no choice, I was holding onto that hope of not being accepted. 

I have asked for the car back as he keeps threatening not to pay for the vehicle and I don’t like the fact that he still has some sort of hold over me. 

He has refused to return the car to me and says ‘it’s been in my possession for more than 48 hours and I’ve got proof I’ve made the payments, so I’m more entitled to it than you’

Bear in mind the finance agreement is in my name, the V5 is in my name, the insurance is in my name and the payments go out of my bank account. 

Does anyone know where I stand with this? 

Keep_pedalling

What sort of finance do you have on this car? 

The other big issue you have is the insurance, because you are not the main driver and what you are doing is ‘fronting’ which can have serious consequences for both of you. This is actually a criminal offence so regardless of sorting out the finance you need to inform him that he must stop driving as the insurance is no longer valid and has had to be cancelled. Inform your insurance company that you are no longer driving the vehicle and cancel the policy.

If you don’t do this and he has an accident you could find yourself prosecuted for insurance fraud, with no payout for damage to the car and on the hook for 3rd party costs as well.

https://www.moneysupermarket.com/car-insurance/what-is-car-insurance-fronting/

PS this is not the correct forum for this question, I have requested the mods move it to ‘debt free wannabe’

tacpot12

While I understand Keep_pedalling's reasons for their advice, and mostly agree with it, I think it might be premature to cancel the insurance without giving your ex the opportunity to put their own insurance in place.

But you also need to find out if you can recover the vehicle and return it OR if you have an extra right to do so as the lender provided the finance irresponsibly. If you lied on the finance application in order to qualify, you would have no such rights.

You need to review the contract to see if you can return the car and at what cost. I've no experience in this area, but expect it would be very expensive to do so, if it is even possible. If you can return the car, then getting it back from your ex makes sense. If you can't return the car, then there is no point trying to recover it; unless you know of a another family member that would reliably pay you for the car. Recovery is probably the job of a specialist as ideally you need to make sure you recover both/all keys. Only if you cannot return the car, and cannot find another way to use it (could you return your own car instead?), would I give your ex the ultimatum that they need to put their own insurance in place and cancel your own insurnace when that ultimatum runs out. I would given them 48 hours and no longer to sort the new insurance. If they don't, the police might seize the car for you! 

You might have an option to make a fomal agreement with your ex to continue to pay you for the car. This would give you legal rights to recover the car if they don't pay. A solicitor would be able to advise, but you also need to find out whether you would be breaking consumer credit regulations if you enter such an agreement. Sorry, I can't help with advice on this either. 

Alderbank

We don't know whether the OP is 'fronting'. The ex could have been named as the main driver. But regardless of the policy details, telling the OP to cancel insurance on a car which is currently on the road is very bad advice.

The OP is the Registered Keeper and being RK carries legal obligations including ensuring that the vehicle is properly taxed, insured and MOTd at all times. The only alternative for the RK is to take the vehicle off the highway and SORN it.

The OP can simply remove the second driver from the insurance policy but it is an offence to allow an uninsured driver to drive the vehicle so they should as a minimum take the precautions outlined by @takpot12 above

Louise, do you have access to a key for the vehicle? In your position I would just drive it to the nearest dealer who buys cars and sell it. WBAC will be the fastest to pay out, Motorway will give you a better price but most main dealers will buy. Selling the vehicle is the only way to escape from being RK - as soon as the dealer accepts the V5c you can call the insurer and safely cancel the policy. The dealer will sort out the finance for you.

If your ex parks somewhere without paying, you as RK will receive the PCN notice. Deal with it exactly as described in the Parking tickets, fines & parking section and the odds are you will not have to pay.

If the driver commits a traffic offence such as speeding you will receive the Notice to Keeper from the police. Don't ignore this - respond promptly and tell them the circumstances. Be prepared to produce your certificate of insurance for the police.

ManyWays

 ‘it’s been in my possession for more than 48 hours and I’ve got proof I’ve made the payments, so I’m more entitled to it than you’
The car belongs to the finance company and they have let you buy it on finance, so his argument is legal nonsense. How long until the finance ends, because there seems to be a lot of difference in practice between 4 more months and 4 more years?

powerspowers

Hi Louise, this sounds like a really difficult situation and definitely sounds like financial abuse as the car is just another way to control you. 

Are you getting any support either from a womens charity or someone like citizens advice? Another thing that could help is the financial abuse helpline https://survivingeconomicabuse.org/what-we-do/financial-support-line/, they can do  case work and will understand the legal side as well as being realistic about what you can do. The same organisation also has a forum that deals with coerced debt. 

The most important thing is to keep you  and your children safe. When you split up from a partner, they can typically become more abusive or violent as they are losing the control they have over you. If you are worried things are getting worse, please contact the police. 

Good luck x

Louise310119

I really appreciate everyone’s input here. 

I didn’t realise what i had done with the insurance was illegal. I have reached out to my ex and informed him that I will be cancelling the insurance so he will need to sort his own out. He was annoyed and thinking I was being sour. 

The finance agreement is HP. 

I can afford the vehicle until I’m 50% through the agreement then I can voluntarily terminate. This I can afford to do so as I had issues with my vehicle and so it was returned and the agreement scrapped. 

I had to purchase a cheap runaround but this is proving to be unreliable and this is another reason I’m requesting for the vehicle back of my ex. 

I have a daughter with high needs who attends multiple hospital appointments in Derby, Nottingham and London. We NEED a vehicle. 

My ex requires a vehicle every other weekend to collect his children as he drives a work van during the week. 

Yet he still refuses to return the vehicle to me. 

So I’m aware I need to cancel the insurance which will be done tomorrow. 

I unfortunately don’t have the spare key as he has both. I now know I am entitled to have the vehicle back but how do I go about getting this done if he refuses? 

I feel like if I called the police they would say it’s a civil matter..

in regards to the finance itself.. 
I can afford the vehicle but it’s a whopping £405 per month for a red BMW. 

Not my colour of choice nor is an unreliable BMW. 

So it would be ideal to get rid of the vehicle. 

I’ve tried to have a look into my options and it’s looking like I’ll have to keep on to the vehicle until I’m half way through for me to then trade it in or voluntarily terminate. 

Alderbank

Thanks for coming back to update us.

You have told your ex to sort his own insurance out. Why say that? That is giving him permission to continue using the car which you own and are RK of, and are legally responsible for. Is that really what you want?

Also, if he or his friends react by pushing the car off a cliff or torching it, and that is a real possibility, cancelling the fire & theft insurance is the last thing you should be doing. You really need that protection.

You believe the police will not help you. Their resources are very stretched, that's true. But in your position I would make an appointment to see the local inspector named for where you live. Take your proof that you own, insure and are RK of the vehicle and explain that you want to regain control of it, and that you are in fear of domestic violence. I think the police will accompany you to where the vehicle is and assist you to recover your keys and drive your car away.

Sea_Shell

I agree with the others, in that don't be too hasty to cancel the insurance.    You need Fire/Theft protection still.  

You are the RK and the finance is in your name, so you have every right to insure it.   It's only a verbal agreement that it was to be "his" car.    Legally it isn't. 

Whether it covers your ex or not, is another matter.   Were (are) they a named driver?    Unless they are a lot younger than you, or in anyway a bad insurance risk, I doubt that you are "fronting".

If in doubt, ring your insurers and explain the situation.

Also do tell the police, because it has been "taken without consent".

Have you any way of repossessing the car?    Spare key, taxi to where it's parked etc.   Then take it to a friends house, so he can't easily find it again.   

picklepranks

It sounds like you have a lot going on with the domestic abuse experience which sounds very traumatic, child care, finances and so on. I would encourage you to contact citizens advice, they would be ideal for complex cases like yours and would be able to advise on the various different challenges you’re facing, or at least signpost to an organisation which could help 

Sea_Shell

@Louise310119

How are you getting on?     Have you been able to sort it all out?