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Car Finance and small claims court
10 Answers
Hi
I'll try and keep it brief, usual story me and my partner got a car on finance, the finance is in my name but she has used and paid for the car from day one. we have split up over a yr ago. i let her keep the car as long as she made payments which she did for monthes.
Then she decided she didnt want to pay for a car that she didnt own so i agreed to change the finance agreement to her name, the finance company (park motor finance) said that this is impossible, she as since stopped making payments and now the car is £1000 in arrears with £3000 left of the £6000 agreement. the car is currently under her name.
my question is
1. Can the car be repossed from her, or can she keep it becuase its in her name thus leaving me to pay the rest.
2. Can i take her to small claims for not making the agreed payments, thus getting me into debt and ruining my credit rating, im currently unemployed and have no way of paying for the car.
The main point is that she doesnt want to pay for a car that isnt worth the finance and thinks she can umber me with the rest of the debt becuase its my finance.
Thanks
I'll try and keep it brief, usual story me and my partner got a car on finance, the finance is in my name but she has used and paid for the car from day one. we have split up over a yr ago. i let her keep the car as long as she made payments which she did for monthes.
Then she decided she didnt want to pay for a car that she didnt own so i agreed to change the finance agreement to her name, the finance company (park motor finance) said that this is impossible, she as since stopped making payments and now the car is £1000 in arrears with £3000 left of the £6000 agreement. the car is currently under her name.
my question is
1. Can the car be repossed from her, or can she keep it becuase its in her name thus leaving me to pay the rest.
2. Can i take her to small claims for not making the agreed payments, thus getting me into debt and ruining my credit rating, im currently unemployed and have no way of paying for the car.
The main point is that she doesnt want to pay for a car that isnt worth the finance and thinks she can umber me with the rest of the debt becuase its my finance.
Thanks
Answers
Best Answer
No best answer has yet been selected by FrankCastle85. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Take the car back off her. Doesn't matter who the registered keeper is...the car does not belong to her and as you have the finance on it it's your responsibility. And yes, they can repossess it from her.
You could try and take her to small claims but doubt you will have much luck. You signed the agreement with the finance company.
Have you spoke the finance company?
You could try and take her to small claims but doubt you will have much luck. You signed the agreement with the finance company.
Have you spoke the finance company?
1. Is this a hire purchase agreement? Everyone is assuming it is, but you only say it is car finance, which could be simply a credit agreement where you own the car but have borrowed money in order to buy it.
2. If it is HP then the finance co. own the car & can repossess it - subject to Court approval if necessary under the legislation.
3. If it is not HP, then get the car from her & sell it to pay off as much as you can off the debt.
4. You could certainly take her to the small claims court. You had a verbal contract with her that she would pay for the car. She has failed to do so. Your problem will be that she will deny there ever was such a verbal contract, & the Court will have to decide on the balance of probabilities whether you or she is telling the truth. Also, has she got any money? There's not much point going to Court, getting a judgement in your favour & then finding you still don't get anything.
2. If it is HP then the finance co. own the car & can repossess it - subject to Court approval if necessary under the legislation.
3. If it is not HP, then get the car from her & sell it to pay off as much as you can off the debt.
4. You could certainly take her to the small claims court. You had a verbal contract with her that she would pay for the car. She has failed to do so. Your problem will be that she will deny there ever was such a verbal contract, & the Court will have to decide on the balance of probabilities whether you or she is telling the truth. Also, has she got any money? There's not much point going to Court, getting a judgement in your favour & then finding you still don't get anything.
This sounds like a similar situation http://www.theanswerb.../Question1005009.html
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