Car Leasing

[vjec]

My husband has a car leased through his company which is due to be closed down. A four year contract which he has paid 3 years. He sent a letter to terminate the agreement and stopped the direct debit. They will not collect the car unless he signs some form of paper work stating he owes 12000 on final balance and any costs to sell the car. Which he refuses to sign any paperwork. We are in fact separating and he is moving abroad in a few days, leaving the car on the drive. I have to move out within a week and called the company to collect the car. However they seemed uninterested in at all collecting it stating they would be in breach of their contract if they were to collect and also cannot take instruction from a 3rd party like me. I stated it is on private property and I will have to roll it of the drive and onto the road what would you like me to do with the keys and paperwork, he simply told me to do what I like with them? As it is a car lease it is registered in the car leasing company. I am pulling my hair with what to do with the car when I move, it is not mine and I am not at all connected with the company. I am worried about any charges or what will happen as I am still legally married to him and left here.

[des8]

Whilst waiting for others to advise, under no circumstances should you place it in a public place, like the road if it is uninsured for your use.
As the last user by moving it you will be liable if it should somehow cause an accident.

If it is registered to the company, the fact you are married to the company owner does not give you any responsibility for the vehicle.

Tagging R0b

[vjec]

Thank you for this info. However this still leaves me in a situation of leaving a vehicle on a drive of a house I am about to move out of. My questions are -
The car is leased through ex husband's company, however it is the property of the car lease company - yes? and not the property of my ex husband?
Therefore who is responsible to remove it? I have now rung the lease company 3 times asking for them to collect the vehicle and they refuse.
I have to move out of my house because I cannot afford the mortgage on my own and rent the house out and stay with family. This then leads me to my next concern, the house is in both our names. Will the car lease company come after my home or cannot they not because the contract is through my husbands company and not personally through him? your help much appreciated.

[des8]

Assuming it is a limited company your husband doesn't owe anything on the vehicle, but his company does (unless he gave a personal guarantee)
As it is a leased vehicle ownership remains with the leasing company, although responsibility for it rests with the company.
The lessor cannot make a claim against your home
You say the company is being wound up.
Are the lessors aware of this?
Are there sufficient assets to meet all liabilities?
Other than the fact it is stuck on your driveway you have no responsibility for it.

You could try telling the lessors (in writing signed for) that as the vehicle has nothing to do with you but is parked on your land you have become an involuntary bailee.
Accordingly if they don't come and remove it you will consider taking action under the Torts (Interference with Goods ) Act 1977 and dispose of it through public auction. Proceeds less your costs will then be forwarded to them.
It might encourage them to remove it .

[vjec]

Hi yes a limited company. Looked over the paper work see no wording such as personal guarantee unless disguised in other wording. I am not sure if they are aware the company being wound up I think they have been made aware he had no incoming work for a long period and his mental health was starting to decline. I do not believe there are any assets to meet liabilities.

[des8]

well the demise of the company has nothing to do with you, although if it is being wound up the liquidators will need to be informed about the vehicle.
They might take steps to recover it, which will remoe the problem for you