Urgent advise required (PCP), lease purchase or personal loan.

[shelly1964]

Hi I have recently found myself in a very difficult situation. I will write what I can on here in the hope that someone can advise me as It's not your normal PCP loan. I was in a relationship for the past 10 months with a man who was sadly manipulative and basically a psychopathic narcissist which has really come more to light in the past two weeks. He has taken a substantial sum of money from me and the police are now involved with my case and I have also equally found out that I am one of 7 victims and we are waiting to hopefully finally stop this man from doing this to any other women. That said in August he persuaded me to take out a 3 year PCP loan for a Mercedes car in my name for the finance, the car was for his son to drive and his son then became the registered owner. In the past week I have cancelled the direct debit which is just under £500 pcm as I can not afford these payments. Yesterday I finally got a settlement figure after waiting almost 3 weeks for the current car mileage. So if the vehicle is returned to Mercedes (which is what I want) there is a deficit of almost £5k which I have said he needs to pay. But he wants to keep the car which I of course do not want. There is a lot of email exchanges and the only reason for communication as I have said is to sort the car. Whether I ever receive back any of the other monies he owes me will be down to the the Criminal charges that he will be facing. I really need to know if there is anything else I can legally do here? he made a verbal/written (in messages) contract of payment with me before the car PCP was taken out. He promised that he would make the monthly payments. He never made one I was covering these for the past 3 months. As he hasn’t fulfilled it. Then does this then become theft? I know the police are saying it is not and that it is a Civil case concerning the car, I just am desperate for some help and advice. As I have mentioned I have this on top of the fact he currently has no idea that I have now gone to the police and that I am now aware of the other 6 victims and that he is a con man. I would appreciate any help/advice that anyone can possibly give to me. Please do not judge me, I have fallen foul of a man I believed loved me. I nearly lost my home because of him and all I am going to say that including the car his current debt to me is £325k

[R0b]

Possible options:

1. Report the car as stolen if he doesn't return it. If the police are not doing anything about it then you should look at making a complaint against them. While the matter can be civil that doesn't mean to say it is also not a criminal matter. The definition of theft is a person taking something without consent and having the intention of permanently depriving the owner of it. You revoked consent and so the car should be returned, failing to do so is theft by definition.

2. Sue him for the total cost of the PCP agreement for failing to make the monthly payments. At the same time you could seek an order for the car to be returned/delivered to you.

Re the first point, if he claims you had an agreement that he would have the car in return for the payments, then it is arguable that this could be treated as a civil matter only since it is a contractual arrangement albeit likely to be in breach of your PCP contract which usually says only the named person on the contract can have possession and shouldn't allow another to use it.