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Nicola-mod
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Category: Law
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Hello, my name is XXXXX XXXXX I have been a fool and need to

Customer Question

Hello, my name is XXXXX XXXXX I have been a fool and need to see where I stand. I have taken out a Car finance agreement in my name on a motor vehicle for someone else (my landlord), in return my landlord was to let me live rent free for a year. I wrote up an agreement and had it signed by both of us. The repayments were to come out of my account and my landlord was to have this money in my account in time each month. This was taken out a few weeks ago and now my landlord has the car and the first payment is due on the 16th December.

Over the last few days the house owner and agency have turned up as the landlord I have been renting from has not payed the bills on the property and owes a lot of people money. The house is being taken over and I am now in a whole load of trouble as I don't think he will make the payments. What can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : What type of tenancy do you have and what do you mean taken over please?
JACUSTOMER-a1ydank7- :

Hello Alex. I entered a tenancy agreement on the 26th September and have paid £400 per month rent plus a £500 deposit. I paid my rent up up until the 26th January 2014 with a bank transfer. I have a document signed by me and the landlord for this agreement.

JACUSTOMER-a1ydank7- :

On friday when I was at work, someone from the estate agency turned up to the house and my housemates were told that the landlord we rent from, rents the property from them and has not payed what he owes. A person from the estate agency has come back this evening and taken all of our details as they are going to see what they need to do next and how they can help us with our circumstances on what rent and deposits we have all paid.

JACUSTOMER-a1ydank7- :

Before all of this happend my landlord had asked me if I would help him. He asked me if I would take out finance on a car for him and in return he would let me live rent free at the property free for a year from the date I had paid up until. I wrote up a document to say that he would still be responsible for the repayments on the vehicle and needed to transfer the monies to my account each month before it was due by the finance agency.

JACUSTOMER-a1ydank7- :

He has broken our agreement and I need to know if I can reclaim the vehicle from him and write to the car finance agency and terminate the agreement and return the vehicle to them. The finance was for £20,000 and the total amount payable with fees and interest is £29,448.20. So the finance company will need the outstanding amount of £9,448.20 of which wlll be owed I guess. I do not have this money and can not afford the repayments on the vehicle myself. If I had an agreement between me and him will this help me in anyway?

Alex Watts :

Yes but do you know who he owes money to? Have you had any letters from the mortgage company?

JACUSTOMER-a1ydank7- :

He owes council tax, water bills and all other kinds of bills. He rented the property from the estate agents we are told and then rented it to us. The landlord originally told us that he owed the property.

Alex Watts :

I see. In that case you would have protection anyway because under the Court rules they would allow you 2 months notice before you have to move.

Alex Watts :

But in terms of getting your money back you would need to write to your Landlord and ask for your money back including payments for the car finance and say unless you get that within 14 days then you will go to Court.

Alex Watts :

If he refuses then you can issue proceedings which you can either do online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court will then issue the claim which will be sent to him, if he does not defend it then you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will proceed to a hearing.

Alex Watts :

In law you are liable for the finance on the vehicle until paid off so all you can do is claim from your Landlord and hope you get paid for your losses.

Alex Watts :

I realise this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-a1ydank7- :

So should I ask him for the vehicle back and the extra cost that I will owe the car finance company so I can cancel the agreement?

JACUSTOMER-a1ydank7- :

My concern is that I know I will be held liable by the finance company but will I have a leg to stand on for reclaiming anything extra from him?

Alex Watts :

You can but if he refuses then you can not get it back without a Court order.

Alex Watts :

You are liable for the finance and if he refuses to pay you can claim for losses incurred because of that back

Alex Watts :

Does this help?

Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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