Car ownership

[Pauline123]

My husband & I bought a car on finance almost 3 years ago (18 months owing.) The finance is solely in his name and the car documents are in my name. I have made the payments from my sole bank account as I have been the employed one, and I've dealt with the finance company on any calls. My husband is banned from driving and the car has been used exclusively by myself to get to & from work & to drop the children off/collect them from childcare. Without a car I would not be able to get to work.

 

My husband has walked out & is threatening to either take the car away from me or cancel the finance. I have also paid for replacement parts, MOTs, tax.

 

Can anybody advise on where I stand with this? I have a poor credit rating & so am unable to get finance myself or a loan to pay off the remainer.

 

Thanks for any advice.

[comebackjimmy]

Hi

 

I am very sorry to hear of your circumstances.

 

If he tries to cancel the finances it is likely he will still be liable for the balance. How does he propose to settle the balance?

 

Does he intend to sell the car in order to settle the finance?

 

Perhaps you could point out to him that he will be liable for the debt as the finance is in his name.

 

Is he about to get his licence back and therefore wants the car or is his position one of spite?

 

Frankly I do not understand his motivation, other than greed.

 

It is a radical idea but if all else fails and there is no further/better advice on this forum may I suggest you draft a letter to the finance company and state:

 

a. The story of how you came to buy the car, how he got the finance, how the car is in your name, and how the remaining payments are now in jepoardy as he does not have the means to maintain them. (Provide a photocopy of the vehicle document to prove who the keeper is I.E. you).

 

b. State that not withstanding your poor credit references you have been the responsible party that has made the payments (enclose bank statements to prove it).

 

c. Ask if they will consider formally assigning the agreement to you or giving you a new agreement to cover the remaining payments. Point out that your husband has been unemployed throughout this period.

 

d. If your financial circumstances without your husband are the same/ or little different perhaps provide an income/expenses sheet to show them you have the ability to continue the payments.

 

Assuming the finance company went along with this idea the car is then in your name with the DVLA but the finance company still has an interest in it until you have finally paid it off, and your husband would struggle to make a legal claim on the vehicle.

 

Wait a while and see what other suggestions come on, just in case there are some legal pitfalls with the idea.

[Pauline123]

Yes it's definitely one of spite. He assumes he's doing me a favour by leaving things as they are with me making the payments and having the use of the vehicle. He's also made comments about it being his credit rating that will be messed up if I miss payments. It's all about making things difficult, despite there being 3 children to consider (we don't live within walking distance of school.)

[reallymadwoman]

One possible useful point is that since the registration document is in your name you can contact DVLA and ask that in no circumstances should they issue a replacement document to someone else. I did this when my son foolishly accepted payment by cheque for his motorbike, just so the new 'purchaser' couldn't get a reg doc, therefore could not tax or sell the vehicle.

[Pauline123]

He's now told me that he's contacted the finance company and told them to send any correspondence to the address where he's staying and has changed the password on the account, removing me from the authorised persons.

 

Should I go to see a solicitor or contact the finance company? Any suggestions?

[comebackjimmy]

I can only think to do what I suggested in post 2. Perhaps someone else here has a better idea.

[Pauline123]

I've actually contacted the finance company, who have told me that they have been explicitly told to not discuss the account with me. Despite the fact that I have made all payments, totalling almost £7000, he can call them up and ask them to take the car and they will. I have no claim on the car. Payments made are taken as being made on his behalf, and anyone can make a payment on any account.

[reallymadwoman]

I think you need legal advice, and quickly.

 

Is is a HP agreement, so do they actually have any right to take the car?

[comebackjimmy]

I agree with reallymadwoman.

 

Get legal advice.

 

A lot of solicitors will give you a free initial interview of say 20 or 30 mins to hear your situation. If I was you I would write everything down point by point, just the facts, and take any documents along with you.

 

This will allow the solicitor to understand what is happening quickly and tell you what the options are.