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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75088
Experience:  Over 5 years in practice
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Ex partner took out finance on a car in my name while we

Customer Question

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
Submitted: 16 days ago.
Category: Law
Expert:  Jo C. replied 16 days ago.

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

Expert:  Jo C. replied 16 days ago.

What is the fianance please?

Customer: replied 16 days ago.
The cost or the name of company
Expert:  Jo C. replied 16 days ago.

No, the type of finance ?

Customer: replied 16 days ago.
My paperwork does not specify but it a car finance
Expert:  Jo C. replied 16 days ago.

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 16 days ago.
It is a Hire purchase.
Expert:  Jo C. replied 16 days ago.

How far into it are you?

Customer: replied 16 days ago.
7months
Expert:  Jo C. replied 16 days 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 16 days 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.
Expert:  Jo C. replied 16 days ago.

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.