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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10253
Experience:  I have been practising for 30 years.
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I have not paid my car loan since I've had it.

Customer Question

I have not paid my car loan since I've had it. It came to light that I hadn't actually signed the paperwork for that car - they got it mixed up with another. I would now like to get rid of the car but unsure how to.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you had the car for? Please can you also tell me why you wish to return/sell the car?

Customer: replied 1 year ago.
I've had the car for 3 years and I would like to either return or sell but I cant sell as its got finance on it but not for the car I signed the paperwork for.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  F E Smith replied 1 year ago.

I will try to help you but I need to clarify what the agreements are.

Do you have an agreement which you signed?

Is that agreement for this car or for another car?

On the car that you actually have in your possession, what finance is outstanding?

You say you’ve not paid for your car loan since you had it, how long is that?

What have the finance company been doing meanwhile?

Did you put a deposit on the car?

How much?

Please confirm this is hire purchase.

Customer: replied 1 year ago.
I do have a agreement.
Its another car.
There is about £20,000 out standing
I've had it 3 years.
Not sure as I lost my job followed be marriage then moved around so lost contact with them.
£10,000 part exchange.
Hire purchase.
Expert:  F E Smith replied 1 year ago.

If it is hire purchase, then until you have paid half of the finance, the car belongs to the finance company and you are not in a position to sell it. It is as simple as that.

That would apply whether it is this car or any other car. The car simply does not belong to you.

At this stage in time, the only thing that you can do is negotiate with the hire purchase company they are likely to want to take the car back unless you come to some financial arrangement with them.

I’m sorry, I wish I could give you a more favourable answer but that’s the situation that you are in, the car does not yet belong to you.

Can I clarify anything for you?

Please rate the service positive.

The thread remains open for further exchanges.

Best wishes.