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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have split up with my girlfriend she financed my car back

Customer Question

Hi I have split up with my girlfriend she financed my car back in February which I paid on my debit card £2700 deposit. And is £660 a month. I have now paid 7 instalments. Totaling £4620 so total I have paid to date is £7320 which I have on my bank statements which I do by bank transfer to her account day before Barclay finance take it from her account. Purchase price was £34000. Settlement fee to date is £28500. I've tried to raise the money but cannot at this time. I have assured her I won't stop paying it to her and happy to do so. I have had lots of trouble with her and family trying to take car from me and police are aware of situation. I'm just upset I should loose 7000 just because we broke up. She has not paid a penny so far. Finance is in her name aswell as logbook. I have a property due to sell in next 3 months and would happily settle finance. Until that time I will carry on paying 660 per month. The car is now valued at £25000 so is in negative equity so if she takes it back she will have to put £3500 to the car to clear debt. This does not make sense this way. I insure and tax the vehicle my self which the road tax is £550 a year also. I have now put car in secure storage at a fee till I can get the answers I need.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
What would you like to know about this please?
Customer: replied 1 year ago.
Where do I stand in the eyes of the law if I have been making payments can she take the car?? Even though I have paid over 7k to date and am willing to keep up payments
Expert:  Jo C. replied 1 year ago.
Who is the registered keeper?
Customer: replied 1 year ago.
as it states in original question. Finance and logbook/ registered keeper are in her name
Expert:  Jo C. replied 1 year ago.
Then I'm afraid she is entitled to physical possession of the vehicle. There is no way around that. You cannot just repossess because you have split up or for any other reason unless you specifically agreed the right to repossess.You do have a claim against her for the sum of money paid or at least part of it but you would have to go to court to achieve that. You cannot just remove the car from her lawfully.
Expert:  Jo C. replied 1 year ago.

If the police are not interested though then I wouldn't worry too much.

I would have expected them to assist her to collect it. If they are not prepared to do that then it is good fortune.

Can I clarify anything for you?

Jo

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