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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11279
Experience:  Senior Associate Solicitor
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I was in the process of buying a car on finance at a garage

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Hi, I was in the process of buying a car on finance at a garage and my then partner said she would pay cash for the car - on the understanding that I then pay this back each month.
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: So if I may finish - she also agreed to pay me £300 per month towards the rent with a net difference of £160. However I am awaiting some compensation so we agreed verbally that I wouldn’t pay for the car and she wouldn’t pay for the rent and the when I had my compensation I would just give her a lump sum - the car was registered in her name and I signed no formal agreement - it was just discussing options at that stage verbally and by txt. She then ended the relationship and took the car and sold it and kept the proceeds of sale which was a loss of around 6k on the original purchase price - she is now saying she will take me to court if I don’t repay the loss?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She gave me a contract to sign which I refused as the payments and terms were too high and I was awaiting a divorce settlement in January and had arranged to meet my back to discuss a loan - however she took the car and sold it before the above was sorted out.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 7 months ago.
OK that’s fine

How long ago was this?

Customer: replied 7 months ago.
The car was purchased in August, she left and took the car in December and she has threatened me with court and legal action this week
Customer: replied 7 months ago.
Is there anything else you need at this stage?

Sorry, 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

Hello, this is Jim and I am a dual-qualified lawyer (UK & Republic of Ireland) happy to help you this evening.

So your ex is now going back on the verbal agreement?

Customer: replied 7 months ago.
She took the car in December without giving me an opportunity to raise the finance - I had to hire a car just to be able to go to work - she used a third party to sell the car and is now seeking the difference between the purchase price and what she sold it for - in the meantime I have had to purchase a new car in December

Thanks, ***** ***** is the basis for her claim? I don't see a claim with any merit from reading your question - is she planning to issue a small claim?

Customer: replied 7 months ago.
The basis of her claim is that she allegedly lost 6K because she took it from me and sold it - I never once said I wouldn’t pay for the car I just wanted to wait for my divorce settlement, to speak to my bank and take advice as I wasn’t happy with the contract she presented me with to sign - I didn’t sign it and she tore it up.
She then took the keys off me and took it to a third party to sell

Well, the loss is hers to bear - I am not quite sure why she says you have to pay her. I can detail how to reply to the small claim if she issues one.

Customer: replied 7 months ago.
To be honest the terms of the contact she showed me and some clauses that would have disadvantaged me and also the monthly cost wasn’t something affordable

My view is that if she issues a claim against you, it would get struck out. A claim has to have merit - if it doesn't then you can apply to strike out (which is easy to do).

The immediate concern is her issuing a claim - so if/when she does, the court will send you a response pack. See attached. The main thing to bear in mind is when the court sends you documents, fill them in and return them as soon as possible. Otherwise your ex can obtain default judgment against you (for delaying).

Customer: replied 7 months ago.
if you could detail how to reply to any claim she makes it would be appreciated please

I recommend you pay her nothing. If she issues a claim, fill out the response pack which the court will send to you. The claim is then defended. I can tell you how to apply to strike out (you'd need to wait for the claim to be issued first though - so come back to me if you need to).

Is this OK?

I hope this helps? If you would kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed and I will be credited for helping you today.

Many thanks,

Jim

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11279
Experience: Senior Associate Solicitor
JimLawyer and 4 other Law Specialists are ready to help you
Customer: replied 7 months ago.
this is fine - she is also harassing me about identity theft and theft of post - every letter that has arrived I’ve returned to sender and included a forwarding address as quite honestly I don’t want my property associates with her DBS, tax credits and universal credit - I how that was right