Car finance, couple split, Car MIA
Discussion
Howdy
Not sure if this should go in law, or finance
Bit of an odd one - A friend(ish) of mine (stupidly) signed for car finance on a car for her at-the-time boyfriend because his credit rating meant he couldn't have it in his name.
They split up, she got sectioned, and he took the car and disappeared.
The car payments still come out of her account, and for a time he was sending the money over monthly. Of course this has stopped, and she's unable to contact him or knows where he is.
What options does she have? Her credit rating is already shot to s
t through being sectioned and everything going downhill, so things can't get much worse. She has no idea who the finance is with, and it was registered to an address that she inevitably got booted out of when sectioned.
She is of course still fully responsible for the car and the finance company rightfully wont give a st about the situation wioth her ex and being in the MH ward.
It's very difficult to not say "I told you so..." I must admit...
Cheers
Not sure if this should go in law, or finance
Bit of an odd one - A friend(ish) of mine (stupidly) signed for car finance on a car for her at-the-time boyfriend because his credit rating meant he couldn't have it in his name.
They split up, she got sectioned, and he took the car and disappeared.
The car payments still come out of her account, and for a time he was sending the money over monthly. Of course this has stopped, and she's unable to contact him or knows where he is.
What options does she have? Her credit rating is already shot to s
t through being sectioned and everything going downhill, so things can't get much worse. She has no idea who the finance is with, and it was registered to an address that she inevitably got booted out of when sectioned. She is of course still fully responsible for the car and the finance company rightfully wont give a s
t about the situation wioth her ex and being in the MH ward. It's very difficult to not say "I told you so..." I must admit...
Cheers
Why doesn't she just call the finance company and explain the situation to them? They would have dealt with situations like this many times previously. They'll give her the options available I'm sure.
And she must know who the finance company is as the DD's will be coming out of her account.
And she must know who the finance company is as the DD's will be coming out of her account.
nordboy said:
Why doesn't she just call the finance company and explain the situation to them? They would have dealt with situations like this many times previously. They'll give her the options available I'm sure.
And she must know who the finance company is as the DD's will be coming out of her account.
I've said exactly the same thing. She's fresh out of the mental health hospital so it's a balancing act And she must know who the finance company is as the DD's will be coming out of her account.
I'm going to have to go through it with her - So I appreciate the advice as it'll be me needing to do the legwork I suspect. She doesn't have contact with any of her family or friends with exception to me as they were the reason she got the padded white jacket to begin with.
Thanks
Shooter McGavin said:
Phone the finance company, explain the situation, give as many details as possible about the former partner.
They will hopefully attempt to repo the car, presuming they can track it.
Car will get sold at auction, with proceeds going towards her debt. Any balance will remain payable.
Also make sure that the Finance company knows you have express permission from your friend to talk to them on her behalf - she may need to give that permission over the phone before you chat. They will hopefully attempt to repo the car, presuming they can track it.
Car will get sold at auction, with proceeds going towards her debt. Any balance will remain payable.
Otherwise they won’t talk to you.
Who's name is the V5 in? If it's hers then there is perhaps a case to be made that the vehicle has been taken without consent, certainly now the payments from the ex have stopped. She might be able to use that as a reason to report it to the police. Plod will be unlikely to be able to do much about it, unless it pings an ANPR car, but the ex won't be able to sell it at least. Reporting TWOC would also (I think but I am no lawyer) protect her against any motoring offence fines committed by the ex as well.
How is the road tax paid? She could stop that direct debit and alongside the TWOC potentially have a defence against the taxation offence (again, I think but I am no lawyer) and it is probable that the clampers DVLA use find it before the police do. Ditto for insurance?
How is the road tax paid? She could stop that direct debit and alongside the TWOC potentially have a defence against the taxation offence (again, I think but I am no lawyer) and it is probable that the clampers DVLA use find it before the police do. Ditto for insurance?
Sycamore said:
... Bit of an odd one - A friend(ish) of mine (stupidly) signed for car finance on a car for her at-the-time boyfriend because his credit rating meant he couldn't have it in his name.
They split up, she got sectioned, and he took the car and disappeared. ...
They split up, she got sectioned, and he took the car and disappeared. ...
It might be the legal position, that by paying for the car, your friend would be the owner of the car.
Contract law requires 'consideration' (payment).
As you will know, the Registered Keeper is not proof of owner.
Has the car therefore been stolen?
Taken without authority.
That might produce some avenues to follow.
Collectingbrass said:
Who's name is the V5 in? If it's hers then there is perhaps a case to be made that the vehicle has been taken without consent, certainly now the payments from the ex have stopped. She might be able to use that as a reason to report it to the police. Plod will be unlikely to be able to do much about it, unless it pings an ANPR car, but the ex won't be able to sell it at least. Reporting TWOC would also (I think but I am no lawyer) protect her against any motoring offence fines committed by the ex as well.
How is the road tax paid? She could stop that direct debit and alongside the TWOC potentially have a defence against the taxation offence (again, I think but I am no lawyer) and it is probable that the clampers DVLA use find it before the police do. Ditto for insurance?
I wondered if the TWOC was an option. it might be worth just going to the police and explaining the situation and then asking for a crime number so at least she has proof she of informing the police in case anything dodgy happens while the car isn't in her care. How is the road tax paid? She could stop that direct debit and alongside the TWOC potentially have a defence against the taxation offence (again, I think but I am no lawyer) and it is probable that the clampers DVLA use find it before the police do. Ditto for insurance?
If her details are on the V5 then I would absolutely be reporting it as taking a car without consent. Reading the offence the police/CPS dont need to prove it was taken with the intention to permanently deprive the owner of the car - so a lower bar for the police.
It’s called fronting if she took finance on a car for her other half. Unwise to go to finance company with that.
Does she have the v5 in her name? Who is insuring the car / who is paying its tax?
Dependent on the above can she explain she’s separated from her partner and he’s taken the car without consent, probably that’s a police matter if it’s her car, registered in her name, property of the finance company etc.
bennno said:
It s called fronting if she took finance on a car for her other half. Unwise to go to finance company with that.
Does she have the v5 in her name? Who is insuring the car / who is paying its tax?
Dependent on the above can she explain she s separated from her partner and he s taken the car without consent, probably that s a police matter if it s her car, registered in her name, property of the finance company etc.
That depends on whose name the agreement / car was in.Does she have the v5 in her name? Who is insuring the car / who is paying its tax?
Dependent on the above can she explain she s separated from her partner and he s taken the car without consent, probably that s a police matter if it s her car, registered in her name, property of the finance company etc.
bennno said:
AbbeyNormal said:
That depends on whose name the agreement / car was in.
Says be.ow she signed up for it as his bad credit meant he couldn t have it in his name, that s pretty much the textbook definition of fronting.What the OP's friend did was buy a car on finance that someone else used and then took, she didn't keep any records of who did / didn't drive the car and the car finance co wont have any evidence of that either
. I imagine she was coerced because of her fragile mental state so the finance company would be treading very lightly in this instance unless they want a complaint to the FCA landing on their doostep. AbbeyNormal said:
Fronting is for insurance when you take insurance out for someone else. Loan accommodation isn't illegal. It might be against the rules, but it isn't illegal plus a finance company that is receiving payments wont be taking any customer to court.
What the OP's friend did was buy a car on finance that someone else used and then took, she didn't keep any records of who did / didn't drive the car and the car finance co wont have any evidence of that either . I imagine she was coerced because of her fragile mental state so the finance company would be treading very lightly in this instance unless they want a complaint to the FCA landing on their doostep.
Are you sure it’s not illegal? What the OP's friend did was buy a car on finance that someone else used and then took, she didn't keep any records of who did / didn't drive the car and the car finance co wont have any evidence of that either
. I imagine she was coerced because of her fragile mental state so the finance company would be treading very lightly in this instance unless they want a complaint to the FCA landing on their doostep. Right, and where does a husband & wife stand when she's a stay at home mum but must simply have the latest Chelsea Tractor to keep up with the rest of the gymkhana-yoga-pilates-spa mums? "Fronting" finance agreements for a car that someone else is the RK & primary driver of happens all the time.
Wills2 said:
For the above to be prosecuted you'd have to prove intent to commit fraud, a husband buying a car for his wife on finance happens everyday same with people living together, that's not fraud.
Rather than fraud, this has got more than a whiff of coercive control about it.What's to say BF wasn't lying about credit status and or applying pressure to get vulnerable victim to take out agreement whther or not he intended to make off with the car.
Seen this sort of nonsense in scumbag children of vulnerable older people.
oddman said:
Wills2 said:
For the above to be prosecuted you'd have to prove intent to commit fraud, a husband buying a car for his wife on finance happens everyday same with people living together, that's not fraud.
Rather than fraud, this has got more than a whiff of coercive control about it.What's to say BF wasn't lying about credit status and or applying pressure to get vulnerable victim to take out agreement whther or not he intended to make off with the car.
Seen this sort of nonsense in scumbag children of vulnerable older people.
bennno said:
AbbeyNormal said:
Fronting is for insurance when you take insurance out for someone else. Loan accommodation isn't illegal. It might be against the rules, but it isn't illegal plus a finance company that is receiving payments wont be taking any customer to court.
What the OP's friend did was buy a car on finance that someone else used and then took, she didn't keep any records of who did / didn't drive the car and the car finance co wont have any evidence of that either . I imagine she was coerced because of her fragile mental state so the finance company would be treading very lightly in this instance unless they want a complaint to the FCA landing on their doostep.
Are you sure it s not illegal? What the OP's friend did was buy a car on finance that someone else used and then took, she didn't keep any records of who did / didn't drive the car and the car finance co wont have any evidence of that either
. I imagine she was coerced because of her fragile mental state so the finance company would be treading very lightly in this instance unless they want a complaint to the FCA landing on their doostep. Gassing Station | Finance | Top of Page | What's New | My Stuff