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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My daughter and her then partner bought two settees for �814

Resolved Question:

My daughter and her then partner bought two settees for �814 on finance. Agreement is in daughter's name but direct debit from partner's account. After 6 months partner ended relationship and cancelled D/D. Partner decided to keep settees, paid arrears but was not able to reinstate D/D.
For last year ex partner has paid money for settees each month into my bank account and
i have made payment to Barclays Finance. . Ex partner has now stopped payment but still �200 owing for settees.
Who actually owns the settees at this moment and what options are open to us?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear the ex was paying now is not. But you are paying but the ex is saying he owns them?Alex
Customer: replied 1 year ago.
The ex was paying but has now decided to stop his monthly payments. We haven't contacted the ex yet because we wanted to know where we stand before we do make contact. Basically, we don't want to stop making the payments because they are in our daughter's name and if the payments stop to the company it will affect her credit rating. So the payments need to be continued but her ex is not paying and has the furniture.
Customer: replied 1 year ago.
Hi Alex,
Are you still there or is it best I wait until later? I have to go out now for an hour or so?
Regards,
Nigel
Expert:  Ash replied 1 year ago.
Sorry Nigel I was just in Court. In short he has the sofa, on what basis does he say he can stop payments?
Customer: replied 1 year ago.
Hi Alex, just got back.
He hasn't said anything. He has just stopped payments for the sofa and chair. We wish to write to him to ask him why he has stopped but before we do we would like to know where we stand on this issue.
So far, he continues to pay for two other items, a TV and some Ikea furniture but he is just as likely to stop paying these and try to brazen it out.
The sofa and chair are on a loan (my daughter has a contract with Barclays Finance) but the Ikea furniture and TV are on HP.
Expert:  Ash replied 1 year ago.
Ok - the easiest way to deal with this is to make the outstanding payments to clear the finance then sue the ex for those payments.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you. If my daughter pays off the finance who owns the sofa and chair? Both the ex and my daughter will have paid some funds but the goods are in my daughter's name.
Expert:  Ash replied 1 year ago.
Technically they both own it, because they have both paid for it. Clearly that is not going to work, so ideally one party needs to pay and keep the sofa.Does that clarify?Alex
Customer: replied 1 year ago.
Yes, it does. However, if the ex refuses to pay and we go to court then presumably we may have to wait for judgement. Basically, my daughter does not want him getting the items if she has to pay to clear the finance and would prefer that the items are sold with the proceeds being split rather than letting her ex get the items without paying. Could the court offer this as a judgement, or could we pursue this way, if he refuses to pay?
Nigel
Customer: replied 1 year ago.
If my daughter offered to buy him out he would probably just trash the sofa and let her have it ruined!
Expert:  Ash replied 1 year ago.
Indeed, but then she could sue for the cost of repair.So she is better off getting it paid off to stop any adverse credit and then seeking the payment made back.Does that clarify?Alex
Customer: replied 1 year ago.
Yes, it does. You have been a help. I think you have clarified all. My wife is out at the moment and she may have a question on this. Would you be willing to take a question from her when she returns? I'm sorry for the inconvenience.
Expert:  Ash replied 1 year ago.
Sure. But you can also rate and the questions does stay open. Alex
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