Advice on what/if any rights he has...

[hannahbtw]

My ex boyfriend has today sent me a letter claiming that I "owe" him money for all of the bits and bobs that he has had to pay out for the car that he had use of for the past 18 months.

 

Background:

 

I purchased a vehicle in 2010 (in my own name), on HP, all payments made on time and through my own bank.

 

Last year myself and my partner separated, I agreed (not legally, or in writing) that he could carry on using the car, providing he paid the finance installments (from his own bank, which he did), kept it taxed, insured, serviced etc.

The log book (v5) was always kept in my name, so the car (although legally still owned by the finance company) belonged to me...I had merely let him have the use of it.

 

So it remained this way until last week...when low and behold I found out that for the last 4 months of our relationship he'd been cheating on me.

Not wanting him to keep driving around in MY car, I took the car back, and have confirmed with the finance company and DVLA that the liability is still mine and has nothing to do with my ex partner. The finance will be settled next week, and I shall sell the car (as it does have a small amount of equity left)

 

Question:

This letter I received from him today, stating that I must re-imburse him the cost of the new tyres (£551.00) the work for the MOT (£82) and the months of finance payments (approx £3500)...does he have a leg to stand on in asking me to pay all of this, when in fact I had let him have full use of the car for this period, and at no time did he moan about paying all these things, as he was the one using the car (I didn't even live in the same area, and had no access to the car).

If he pursues this to small claims court, would I have to pay him anything, as the car belonged to me, but I'd (temporarily) let him run and use it...and therefore my understanding is that he must bear the cost of keeping the car roadworthy.

 

Just after some advice from others who may have been in this situation, or know the legal ins and outs of a case like this!

 

Thanks in advance

 

Hannah x

[sailor sam]

When were the new tyres put on and how long did have have exclusive use of the car after you 'separated'?

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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[hannahbtw]

The new tyres were put on about 3 months ago...as they were advisories on the MOT. We separated in November 2010, I moved out of our marital home in January 2011, and he had sole use of the car (with my say-so) until last week.

[sailor sam]

Well he hasn't got a cat in hell's chance of recovering the installments from you if he had sole use for over 12 months IMHO unless the car was worth considerably less than that of the installments. He may have a claim for the tyres though. Do you know how many miles it has done since they were fitted? Presumably it would of been the same time as the MOT.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[hannahbtw]

Its done about 1,500 miles I think...no more than that. Why would he have a claim for the tyres though? I'm lost! lol! Surely if he took on board the fact that he'd have to keep the car in roadworthy condition (i.e, if the tyres needed replacing then he'd have to do it) and he had full use of the car whilst in his possession, then that is his tough luck that he bought such expensive tyres for it. Not once did he ask for contributions from me for the running costs, as if he had, he'd have had the same answer, in that if he chose to use the car, then he must bear the costs, even though he knew full well, that the car would never belong to him, it was always in my name.

 

Thank you so much for taking the time to answer...I still don't know how I should respond to his letter though, or if I should at all! x x

Edited May 22, 2012 by hannahbtw
spelling!

[sailor sam]

Well if it went to court, I think that a judge would award him a contribution towards the tyres because it would be regarded as 'betterment' meaning that you would enjoy the benefit from the remaining life of the tyres at his expense. You have to appreciate that after only 1500 miles the tyres will still be practically new (unless they have been miss-used so you would have to have them checked at a tyre specialist) so basically he has 'improved' the car but no longer will be entitled to use it. I think that is how the judge would see it. The good news is though that I don't think he would get anywhere by claiming for the installments while he has had the car... or the MOT.

 

As a matter of interest, what car is it and how old is it?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[afcwben]

I dont even think he can claim the tyres they were advisories on the MOT and he chose to change them, it made him feel safer

[MandM]

Hi Hannah.

 

I look at it slightly diiferently. If the MOT was 3 months ago (Feb 12 ish) then the tyres he has replaced are the ones that he (and only he) has been using for the 13 months prior to that. So he wore the tyres out. He should replace them.

 

I can't see that he would have a cat in hells chance of pursuing this through the courts. Would get far too muddy!.

 

Write back and remind him of your 'agreement' that he pays for all costs relating to the car for the period in which he had exclusive use and that you totally refute any claim made by him that you should contribute in any way. Politely tell him to go do one.

 

This is of course my own humble opinion but I think he'll struggle to make a case worth arguing.

 

Mike

[hannahbtw]

The car is a 2005 BMW 330Ci convertible approx 70,000 miles.

I'm tempted to just let the finance company have it back...and to keep the private plate, he was asking me to give him the number plate retention certificate, which I had bought for a gift for him. Would I be within my rights to keep this, bearing in mind its in my name, although the private plate is his initials, etc!

 

If the finance company were to have the car back, would he still have a claim for the tyres, as, in effect, the betterment benefit would no longer be mine, rather the finance company, or whomever received the car after they'd disposed of it?

 

Hannah x

[sailor sam]

If everything is in your name then you don't have to give him the plate or certificate. IMHO the only possible claim he may have is for the tyres. Clearly the installments he paid were a lot less than the value of the car so he couldn't of hired one for the same period of time for the same money. I would take it to your local tyre specialist and ask them to do a free check. See if they will give an opinion to the value of the tyres as they are now.

 

In any event, any claim he does possibly have would be against you and not the finance co.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[hannahbtw]

Thanks so much sailor sam....you're an absolute star! I just wanted to put my mind at rest really, as don't think he'll bother with small claims for the sake of the money for the tyres...I think he was after the finance money initially...and just cited the tyres, MOT, and other stuff to beef up his case.

 

I will do as u suggest though, and get the tyres checked out...as to a possible value.

 

Thanks once again :o)

 

H x x x

[blackknight]

Just charge him a Hire charge for the same amount he wants off you, he can't expect to drive a car for nothing!!!

[mattyprice4004]

It's always the nice person that gets screwed over - I know only too well from my ex! Hope you get it sorted, it seems from here you have most things on your side.

[hannahbtw]

Thanks for your support

 

I'm going to take it to BMW to have the tyres appraised tomorrow....see what they say as to their worth, and go from there!

 

Hannah x