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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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My son has split from partner. They bought a car on finance

Customer Question

My son has split from partner. They bought a car on finance his name is XXXXX XXXXX hire purchase agreement . But her name is XXXXX XXXXX log book. When they split the finance company said as long as she carried on paying they could not help.
She has now stopped paying (She only made one of the 9 payments in total. The car has run out of Mot and the finance company say they will not take the car back unless its is roadworthy. How do we get a court order to get the car back. We have been advised by the police to do this ?????
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.

Is there any reason he doesn't want to sue her?
Customer: replied 4 years ago.

We just want to get the car back as my son is Liable for the outstanding finance

Customer: replied 4 years ago.

We want to limit cost how do we get car back legally

Expert:  Jo C. replied 4 years ago.
Well, there isn't really a way of doing that I'm afraid.

Obviously you can just stop paying and, in the end, they may repossess. They are saying they will not and they cannot be forced to do so.

You could seek an injunction against her forcing her to hand over the car but that is expensive.

The cheapest way to achieve your purpose is to pay and sue her for the cost which you would win. Its probably still a small claims court sum so it would be cheap and quick to do that. You can issue here

if she is at risk of being sued then she will hand the car over fast enough to avoid that.

I would have told you to just tell the insurers that she was no longer covered if he is paying then insurance. Then she will be picked up for having no insurance and the car will be useless to her but from what you say she is not using it anyway.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.