Car finance in ex’s name

[Jean68]

Hi I need some advice. I had saved to buy a new car and was part extinguish my old car. My partner convinced me I needed something better due to my health mobility issues and he would sign for finance for me if I put my car in abd a deposit of £2000. I would set up direct debit to his bank, which I did for 2 days earlier than payment every month. it has only been 10 months I have never missed a payment or ever would. I have over £5000 invested in the car, but he is now my ex as I caught him cheating, he is now saying he doesn’t want to be financially attatched to be any more so I need to give the car back ? Where do I stand? In hindsight I should not have allowed this after being a victim of psychological abuse in previous relationship but he seemed so genuine and caring. I used the rest of my savings to pay for a holiday for us both because he got me the finance. V5 in my name I hold the contract details, I could not afford to pay settlement and he knows this*

[R0b]

Hello,

It's not clear from your post who actually signed the finance agreement but reading between the lines it sounds lthe your ex-partner did. If so, then you've got no rights at all and you will need to return the car since your name isn't on the contract irrespective of you having use of it.*

Whether you choose to return it is up to you but if the finance company decides to pursue your ex-partner for the outstanding balance through legal proceedings, it is possible for him to add you as a defendant and seek the balance from you for failing to return the car.*

The finance company could also report the car as stolen and in that case you could be left stranded somewhere should you get pulled over as the police will take the car from you.

[Amethyst]

How much was the car ? You mention you have £5k invested in the car - is that your deposit and the payments you've made over the last 10 months ? £300 a month ?

How much is the total payable under the agreement ?( have you got a copy?)

Im just thinking you ( well your ex ) might be able to VT ( give the car pack and be liable for 50% of the total agreement amount ) rather than early settlement - if that lower the amount you have to pay.*

Sadly unless you paid up the finance and an option to purchase fee ( and get an agreement in writing from your ex that he is selling you the car for the settlement amount ) you are going to lose the car.

Have you checked he has been sending your payments on to the finance company at least?

As R0b says you really have no rights, and you don't want to be beholden to your ex anymore than necessary for the car - it sounds like you had a lucky escape man wise *

[Jean68]

Hi, thanks, the settlement figure is £13 k, I don’t have that. I did say I would try and get £5000 together over couple months *and then maybe take the contract down to 3 years. He refused, I guess he just wants to see me suffer. I have the contract yes, *I paid a year insurance and tax on full abc paid for a holiday for us both as a thank you. Yes I put my car p/x which I could have sold for £2500 at least but they only gave £1000 which I didn’t know until I looked at contract as he done the signing up , I put £2000 cash Direct *debit £260 month 60 month. He knows I suffer from anxiety amongst other things have having a spinal op soon, how someone can go from wanting to marry you on day to despising you the next for being caught out lying & cheating is beyond me. Needless to say I will stay on my own for the rest of my life. I had to go bankrupt for previous ex got my name into £80 k debt. I’ve gone from being an independent woman to emotional wreck, I’ve had to block his number due to abusive texts calling me crazy etc*

[Jean68]

The payments are being made each month so there is no outstanding payments, I know he would not want that on his record as he is waiting on a mortgage. So why and how could the car just be taken ? Yes he is the finance signer but the car is in my name I pay it every month through standing order to his bank and I know he pays it*

[Amethyst]

If he's getting abusive you are best off getting things sorted ASAP so you have no ties to him.

Have you got a copy of the agreement ? Is there a voluntary Termination figure on there ? ( 50% of the total payable under the contract )

Is your credit file still stuffed following the bankruptcy ? ( thinking on replacing the car )

[Jean68]

I gather for a VT that 50% of the finance has to be paid is that right? The loan was for £15000 approx after deposit, so am I right in thinking o give the car back the amount up to the 50% would have to be paid also? when he could just leave things as they stand with me paying the payment until I have the money together to settle it ?*

[Jean68]

Yes I couldn’t get finance, that’s why I saved up £6000 to get a car with mine as p/x I think it was a control thing for him getting finance for me. But I’d rather have my old car back than be beholden to another narcissist, be it a covert one. I know I could save up enough to pay it off in say 12 months if I don’t eat but I’ve just spent another £2000 booking things for his birthday which I have now lost that money. Stupid I know but hey ho*

[Jean68]

Yes it’s 50% I’ve got the contract and both keys and V5. He is a bank manager so I’m sure he will know all this and just bullying. I have nothing on credit I save up and pay cash have done for years now, since bankruptcy. I’m not really bothered now what car I get when that goes or if as peace of mind is more important.*

[R0b]

From a legal perspective you have no right to hold onto the car because the contract was made between your ex-partner and the finance company, irrespective of the fact that you make the monthly instalments, it's not your name on the contract and the legal responsibility lies with your ex-partner. The right to use the vehicle is based on a licence to use between you and your ex-partner only, and he can revoke that right at any point in time, unless you can show there was some other arrangement in place and the onus would be on you to prove that.

If he has asked for the return of the car then that amounts to him revoking the right for you to make use of the car. If you refuse to hand the car back then he could issue legal proceedings against you for the return of the car or, worse still, the remaining balance on the finance agreement. I don't think you can say he's bullying you to return the car when he has a right to ask for it back and it's not unreasonable that he wants to cut all financial ties.

You must have appreciated that if you aren't signing the finance agreement you have no legal right or responsibility towards the car? You may have cause to recover money from your ex-partner as a result of you exchanging your car as a deposit towards the one on finance and possibly a proportion of the repayments but there's not enough information to go on in order to decide that. You would likely have to issue legal proceedings too managing that process yourself or hiring a lawyer to act on your behalf. Either way, it's going to be costly and stressful which could increase your current anxieties and other health issues.

I'm with Ame on this one and the sensible course of action would be to initiate a clean break, hand the car back and then leave it at that.
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