Car Finance and small claims court

FrankCastle85 | 11:49 Wed 15th Jun 2011 | Law

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

from grass to gravel

Disputing charge of DA06 Drunk and Disorderly

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scotman

Not an expert but my understanding is that the car is the property of the finance company and they can reclaim if the debt is not paid.

ummmm

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?

bednobs

do you have a set of keys? If so, go and get the car (preferably from outside her work or something)
I don't think you will have any luck in small claims as YOU agreed to pay the payments, not her

FrankCastle85

Question Author

surly small claims will see that she has payed for the car from the get go and even paid i after we split and that she stopped paying is unfair and against out verbal agreement

pink-kittens

how has she been paying for it?
How did you pay for it when she didn't?

FrankCastle85

Question Author

the finance is in my name but she has been making payment since we bought it the car was ment for her.

pink-kittens

yes, but how? cahs, cheque, direct debit??

bednobs

a court will not overturn a contract. Your contract is between you and the finance company, therefore they cannot order her to pay it

themas

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.