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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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Hi, I recently took out a car finance agreement in my name

Customer Question


I recently took out a car finance agreement in my name to buy a car for my partner as he couldn't get credit. He has just ended our relationship and I am concerned that he will not make the repayments. Do I have a legal right to take back the car and give it back to the finance company? Does he have any rights? He currently is in possession of the car.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Was the agreement that you had with him that he would make payments please?

Do you have any evidence that he agreed?

Is he the registered keeper?
Customer: replied 4 years ago.
Yes that WAS the agreement and I have texts from him assuring me he will make the payments. In answer to your question about registered keeper, I'm not sure - kept all the documentation with the car so I guess he could have registered it in his name.
Expert:  Jo C. replied 4 years ago.
Well, it depends.

Is this an HP agreement or lease purchase?
Customer: replied 4 years ago.
My understanding is that it is a HP agreement not a lease agreement
Expert:  Jo C. replied 4 years ago.

Is your credit rating otherwise good ?
Customer: replied 4 years ago.
It was fair before I took this finance agreement. Since I took this agreement and because I have other debt, it has affected my credit which is now deemed as poor. I'm sure this will correct itself once there is evidence that the debts ate being serviced but he has poor credit and what worries me is that he will be vindictive and not make the appropriate repayments - it is not an amicable split!
Expert:  Jo C. replied 4 years ago.
Thanks. I just need about 20 mins to type out answer if thats ok?
Customer: replied 4 years ago.
Expert:  Jo C. replied 4 years ago.
Thanks for the time.

There are several issues here really. The first thing to do is to find out who is the registered keeper. It is almost certainly you if this is an HP but its not impossible that its him. That will shape everything that can be done here.

The first point to make is that you do have a claim against him for the money if he does stop paying. You can prove he agreed to and anyway most courts would accept this was a loan not a gift. Partners do buy each other expensive gifts but they don't usually take HP agreements out for each other as a gift.

The second is that even if you did get this car back, its probably not as simple as giving it back to the HP company. They might not want it back if its in negative equity and anyway you would still be liable for the difference in price in the first instance.

If the car is registered to you then you could get an injunction order to force him to return the car. Another option is to just stop paying and they will repossess fast enough. That would damage your credit rating though.

He could contest the injunction on the basis that he had a contract with you to keep the car but he would only be able to do that if he stopped paying the payments.

Can I clarify anything for you?