Mis-sold car financing ex partners name

Phebes123

just wondering if anyone has come across this situation where someone took out the finance in their own name, but another person actually made the payments and was named on the vehicle. It looks like the person named on the agreement would be contacted and refunded if money is owed, but I’m unsure what that means legally for the person who actually paid?

Even without lodging a complaint the company may contact them as it’s there details they hold.

I just wanted to highlight a complex area where legal ownership, payment responsibility, and potential compensation rights may not align straightforwardly

Anybody have any information on this ?

Isthisforreal99

As far as the finance company is concerned, the only person due any payout would be whoevers name was on the finance documents. They do not care about any informal agreements anyone else may have had about who paid so it is not particularly complex.

Simple question - who would the finance company go after if payments were missed? There is only one person responsible for the payments.

dunstonh

I just wanted to highlight a complex area where legal ownership, payment responsibility, and potential compensation rights may not align straightforwardly

It isn't complex. As mentioned higher up, the borrower is the one who was "mis-sold". The banking method is completely irrelevant. The third party who may have had the direct debit taken from the account cannot have been mis-sold as they were never party to the Consumer Credit Act.

It would be a matter for civil law if the direct debit payer felt they had an agreement with the borrower that says otherwise. The reality is, that for the vast majority, no such agreement will exist.

penners324

In essence the person who's name is on the lease will get any refund that maybe due.

The person who paid it will have to request the refund from them.