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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77063
Experience:  Over 5 years in practice
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Ex partner took out finance on a car in my name while we

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Ex partner took out finance on a car in my name while we were together March 2019. I can no longer afford the re-payments but what to know my options of what I can do about it? He wants access to the car because at the moment, it is in my possession.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Spoken to finance company and going to speak to car company today to see if I can reduce payments. No court action as of yet.
Assistant: Have you talked to a lawyer about this yet?
Customer: No
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Not that know of No

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

What is the fianance please?

Customer: replied 6 months ago.
The cost or the name of company

No, the type of finance ?

Customer: replied 6 months ago.
My paperwork does not specify but it a car finance

I'm afraid I would need to know the exact type of finance. It would affect your options.

Can you call them and ask?

Customer: replied 6 months ago.
It is a Hire purchase.

How far into it are you?

Customer: replied 6 months ago.

Thanks for the information

It depends really how you want to move this forward. The reality is that you don’t get to keep the vehicle at his expense.

He could just stop paying and then they will reclaim at some point. Hire purchase agreements are hard to terminate though I’m afraid.

You could speak to the hire purchase company about your options. Sometimes they will allow you to hand it back in the early stages because the car is still valuable. They might well refuse to engage at first but in the long run they would have to because if you can’t afford to pay then you can’t afford to pay. They can’t have money you don’t have.

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

Customer: replied 6 months ago.
Thank you for the response. I will speak to the finance company again. As they are saying that unless I can pay a settlement fee of 8k, then I would need to find a buyer that can clear that finance for me. I had spoke to a dealership today but, they have advised I wait at least a year to try and reduce or clear the cost outright on the car.

Oh that will clear the finance.

But if you can't do that they will have to be creative.

At least they are allowing you to sell though. They don't have to.

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