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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I have been separated for over a year now. We both signed a

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I have been separated for over a year now. We both signed a legal separation document with a solicitor. One of the things we had agreed on was 'The family car shall be transferred to the wife's name for her use exclusively and the wife will take over any loan taken out on the car'. So I registered the car in my name and have been paying over 400 monthly for over a year now. My ex husband threatened now that he will phone the bank and ask them to take the car off me cause he is not willing to repay it any longer. He is not paying for it. I am. But the loan was taken in his sole name. The bank would not talk to me. I cannot get in touch with my solicitor. In a few weeks another instalment should be taken of my account and I don't know what to do. Am I protected by the separation agreement? The bank will probably not transfer the loan into my name as I am a single parent with two kids, working part time and paying off the mortgage. Can you help please.
Regards
Kate S
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
I will wait for the Professional response. Hope u can find one soon as the matter is pretty urgent. My ex threatened to cancel the loan and rerurn the car even though I have been repaying it without any delay for over a year on my own according to the Separation agreement. I need to know whether or not I am protected by it or there is a chance that I may lose the car and all the money I have invested in it already.
Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.
I am still awaiting a response from a Proffesional
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.
I am still awaiting a response. Is it really so difficult to find a Professional or is my matter so complicated
Expert:  Buachaill replied 3 years ago.
1. Dear Kate, Here, you need to get your solicitor to write to your former husband and get him to consent to you taking over the loan and the loan being changed to your name. Get your solicitor to point out to him the terms of the Separation AGreement. You are protected by the terms of the Separation Agreement as it is a breach of this agreement for your husband to engage in the predatory behaviour he is threatening. However, you and your solicitor need to make clear that you will enforce this agreement against him if he proceeds in the manner which he is threatening. Ultimately, the bank will be quite happy for you to take over the loan agreement once you make clear it is you who have been paying it off to date. Here you need to point out to the bank the terms of the separation agreement whereby the car was transferred to you.
Customer: replied 3 years ago.
Will the bank just transfer the loan into my name? I hope I wont have to close one loan and open another cause Im a single mom working part-time. Even though I have been repaying the loan without any delay when they put figures into the system I will not be approved.
Expert:  Buachaill replied 3 years ago.
2. The only way you will find out the bank's attitude is by asking them. However, if you are able to pay the loan now, I don't see why they would not consider you for continuing the loan for the car, especially as you will be in receipt of monies from maintenance as well as working part time. Ultimately, the bank are only interested in the loan continuing to be a performing loan. You should consider asking your former husband to be a guarantor if the bank are intially reluctant to give you a loan on your own.
Buachaill, Barrister
Satisfied Customers: 10623
Experience: Barrister 17 years experience
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