Termination of car finance

[Kacey2104]

Hi
I have a car on Finance which I took out in January 2016 and have been paying the payments. Last year I had a baby and am on maternity leave and paid reduced payments because of this but now I have a child the car seats don't fit the seats properly as they slant downwards and my daughter hangs on the baby harness and mothercare when through all the seats they have and none car be signed off in the car. I spoke to the finance company and they said the only option I have is to voluntary surrender as my contract was terminated in 2016 which I didn't know had happened and as I have still been paying all the monthly payments on the car. My ex partner had the car in my name on finance originally and missed a couple of payments as he was hiding the letters from the finance at the time but I had increased my monthly payments to make up for this and have still been paying the payments every month! Is this right or can I voluntary terminate it?
Thanks

[R0b]

You can't voluntarily terminate the agreement if it has already been terminated and even if you surrender the car you will still be liable to repay the rest of the outstanding agreement.

Theoretically, you would have to have the agreement reinstated by the court but you would need to make an application for what is known as a time order. The court has the power to essentially reverse the termination of the agreement but only if the court considers it just to do so.

Are you sure there aren't any other available car sears (or maybe bespoke) that can suit the car you have.

[Kacey2104]

You can't voluntarily terminate the agreement if it has already been terminated and even if you surrender the car you will still be liable to repay the rest of the outstanding agreement.

Theoretically, you would have to have the agreement reinstated by the court but you would need to make an application for what is known as a time order. The court has the power to essentially reverse the termination of the agreement but only if the court considers it just to do so.

Are you sure there aren't any other available car sears (or maybe bespoke) that can suit the car you have.

Oh so I will need to voluntary surrender the vehicle and have to pay the difference I guess. No I looked for ages and the car is a sports performance car and only has 2 seats in the back with no isofix and because its an old car we cant find any. I have since purchased another vehicle so I now have 2 and have kept up the repayments on this one but it seems silly me paying for the car that has done 989 miles since last November and paying £330 a month plus insurance and tax is just wasting my money.
Thanks for your advice thou.

[R0b]

But you do realise that surrendering the car you are still going to have to repayment the outstanding balance under the agreement less the proceeds from the sale of the car and teh option to purchase price?

If you are seeking to get another car, you might want to make this clear to the finance company and perhaps reduce your repayments to allow you to afford a new practical car if possible.