Help!!

SouthDublin6w

Okay new to boards.ie but have a query so looking for some help.

My daughter has recently split from her partner of 9 years, in january he got a new car, I was under the impression he had purchased it.

I have since found out my daughter got finance for it, she can't afford it now she's moved out and has to rent alone.

He has told her she can't stop paying as his name is on the log book as opposed to hers so the car can't be taken from him as his is not the name on the finance.

Can anyone tell me here:
1) if she stops paying will car be taken from him
2) can she change the finance into his name if he agrees.
3) since she is on the finance has she any legal right to the car.

Cheers for any help.
Walter

corner of hells

SouthDublin6w wrote: »

Okay new to boards.ie but have a query so looking for some help.

My daughter has recently split from her partner of 9 years, in january he got a new car, I was under the impression he had purchased it.

I have since found out my daughter got finance for it, she can't afford it now she's moved out and has to rent alone.

He has told her she can't stop paying as his name is on the log book as opposed to hers so the car can't be taken from him as his is not the name on the finance.

Can anyone tell me here:
1) if she stops paying will car be taken from him
2) can she change the finance into his name if he agrees.
3) since she is on the finance has she any legal right to the car.

Cheers for any help.
Walter

You might be better having a look around some of the other forum for now and encourage your daughter to see a solicitor.

XsApollo

The finance company owns the car.
Your daughter is responsible for the payments, if she stops paying they will take the car.
But she will have a bad debt record.
I’m not sure about the name on logbook versus name on finance who can actually take possession of the car , but I presume if she wanted the car she could take it since she’s the one that will be held accountable by the finance company.

Odyssey 2005

I'd imagine that neither own the car,the finance company does. She could stop paying and the car will be repossessed, but that will screw up her credit rating. Best thing is(in my opinion) if he got finance and cleared her loan,alternatively sell the car(with the finance companies permission)and clear the loan if possible.

SouthDublin6w

XsApollo wrote: »

The finance company owns the car.
Your daughter is responsible for the payments, if she stops paying they will take the car.
But she will have a bad debt record.
I’m not sure about the name on logbook versus name on finance who can actually take possession of the car , but I presume if she wanted the car she could take it since she’s the one that will be held accountable by the finance company.

Her ex partner says he's not longer paying through finance (they paid it between them) she cannot afford it all and it's in her name.

He is convinced they won't take the car off him and being arrogant regarding it. She has cancelled the direct debit from her bank. I'm aware she will be black listed, I just want to ensure he doesn't hold onto the car and it's taken from him as he is shafting my daughter.

XsApollo

SouthDublin6w wrote: »

Her ex partner says he's not longer paying through finance (they paid it between them) she cannot afford it all and it's in her name.

He is convinced they won't take the car off him and being arrogant regarding it. She has cancelled the direct debit from her bank. I'm aware she will be black listed, I just want to ensure he doesn't hold onto the car and it's taken from him as he is shafting my daughter.

They will take the car.
They don’t own it until the balance is cleared.

_Kaiser_

Best bet is probably for her to ring the finance company and see what they say. I'm sure this situation comes up and from the sound of it, her ex is not going to be helpful so best to try and sort it out herself.

hairyslug

As far as I know, the car can be taken from whoever has it (that's why we check that there is no finance outstanding when buying a used car) Best bet is for your daughter to contact the finance company, they may be able to do something about restructuring her payments once the car has been lifted and sold on.

SouthDublin6w

XsApollo wrote: »

They will take the car.
They don’t own it until the balance is cleared.

Thank you, and if she cancels the direct debit it cannot be taken from the bank?

SEPT 23 1989

You need to crack a few skulls Walter

hairyslug

SouthDublin6w wrote: »

Thank you, and if she cancels the direct debit it cannot be taken from the bank?

There will be a whopping big black mark beside her name when she goes for a loan in the future.

Odyssey 2005

SouthDublin6w wrote: »

Her ex partner says he's not longer paying through finance (they paid it between them) she cannot afford it all and it's in her name.

He is convinced they won't take the car off him and being arrogant regarding it. She has cancelled the direct debit from her bank. I'm aware she will be black listed, I just want to ensure he doesn't hold onto the car and it's taken from him as he is shafting my daughter.

They will without doubt take the car. Your daughter could speed up the operation by calling the FC ,tell them the situation and the location of the vehicle.

SouthDublin6w

SEPT 23 1989 wrote: »

You need to crack a few skulls Walter

I have already caused enough bother for the day the wife and daughter said I carried on badly so resorted to asking the questions here.

If I see him again I'll not be held responsible.

_Kaiser_

SouthDublin6w wrote: »

Thank you, and if she cancels the direct debit it cannot be taken from the bank?

I wouldn't recommend that until she talks to them and hopefully comes to an agreement. They'll start harassing her for the money and likely sell it on to a debt agency who'll be even more persistent and this will cause her even more stress.

She needs to look through the contract she would have signed and call them on Monday.

SouthDublin6w

Odyssey 2005 wrote: »

They will without doubt take the car. Your daughter could speed up the operation by calling the FC ,tell them the situation and the location of the vehicle.

That's what I needed to hear. Will be sure to make a call myself Monday.

SouthDublin6w

_Kaiser_ wrote: »

I wouldn't recommend that until she talks to them and hopefully comes to an agreement. They'll start harassing her for the money and likely sell it on to a debt agency who'll be even more persistent and this will cause her even more stress.

She needs to look through the contract she would have signed and call them on Monday.

He is refusing to give the contract I went to the house today asking for it and he let's just say "absconded"

_Kaiser_

SouthDublin6w wrote: »

That's what I needed to hear. Will be sure to make a call myself Monday.

Nothing to do with you from the finance co's perspective I'm afraid. It could even make the situation worse. She needs to deal with this herself.

Odyssey 2005

_Kaiser_ wrote: »

Nothing to do with you from the finance co's perspective I'm afraid. It could even make the situation worse. She needs to deal with this herself.

This...
With the new data protection crap they probably won't even answer the phone if you call..

Atlantic Dawn

Is it PCP or a car loan she got? Big difference in the two products.

Vic_08

SouthDublin6w wrote: »

Thank you, and if she cancels the direct debit it cannot be taken from the bank?

No, but depending on the terms of the finance contract she could still be on the hook for some money as well as having a black mark on her credit.

If they have to repossess it the cost of that will be added and car will be sold at auction, if that does not cover the outstanding finance and fees they could seek a court judgement against her for the money.

As others have said by far the best thing to do is to engage with the finance company and see what options are available to her, a voluntary surrender of the car would be preferable to closing the direct debit and letting the finance company do as they please.

Vic_08

SouthDublin6w wrote: »

He is refusing to give the contract I went to the house today asking for it and he let's just say "absconded"

She can request a copy from the company.

babi-hrse

hairyslug wrote: »

As far as I know, the car can be taken from whoever has it (that's why we check that there is no finance outstanding when buying a used car) Best bet is for your daughter to contact the finance company, they may be able to do something about restructuring her payments once the car has been lifted and sold on.

Yep the finance company owns it. If you buy a car that has been fraudulently sold by someone you end up getting it taken off you as it was not theirs to sell you can then try to sue the person who ripped you off if your lucky.
But she would need a solicitor if her ex is dumb/spiteful enough to think he will get to keep the car.

FurBabyMomma

Have her ring on Monday with you in the background. They won't talk to you directly as it's nothing to do with you.

Try to arrange for the car to be taken back and sold. Your daughter will probably have to cover the shortfall, but better that than the whole debt. An expensive lesson for your daughter but it would be worse if she was unable to get a mortgage or loan in the future due to a black mark against her name - she'll never forget the ex that way!

Also I know you're mad, but stay away from the boyfriend. The last thing your daughter wants is for her dad to end up on trouble over her loser ex.

And finally you might want this thread moved to Legal Discussion as the answers you get on After Hours may be a bit more colourful than you're expecting

Snotty

Atlantic Dawn wrote: »

Is it PCP or a car loan she got? Big difference in the two products.

This.

If it's just a loan, it's not secured to the car and the car is actually irrelevant. If it's in his name, then the car is his, without a lengthy legal battle.

If the car was new when bought, then they should take the car, but if it was a secondhand car, then I would more than likely be a loan and the fact that it was used to buy that car is irrelevant.

SouthDublin6w

Cheers guys this is all very helpful as I am none the wiser and this was just brought to my attention yesterday. I can't help feel sorry for my daughter but I'm angry at her stupidity too.

As for the ex partner I feel like going to mountjoy for him.

SouthDublin6w

Snotty wrote: »

This.

If it's just a loan, it's not secured to the car and the car is actually irrelevant. If it's in his name, then the car is his, without a lengthy legal battle.

If the car was new when bought, then they should take the car, but if it was a secondhand car, then I would more than likely be a loan and the fact that it was used to buy that car is irrelevant.

Not a bank loan as far as I am aware, she said it was finance through airport cars.

somefeen

Logbooks aren't proof of ownership AFAIK. Its just record who is responsible for the car. Though I might be confusing the UK system with ours.
The company will take it anyway.

Obviously not a legal expert but if I was her I'd phone the finance company and say you can no longer pay for the car and ask if it can returned amicably, if the ex doesn't play ball then get the guards involved. They might see it as theft.

ConnyMcDavid

You should really try and put aside any bitterness and want for revenge towards the ex because it's your daughter that will suffer with the bad credit rating.

Will it affect her mortgage application in the future?

As previously suggested they should try and reach an agreement maybe to sell the car.

SouthDublin6w

ConnyMcDavid wrote: »

You should really try and put aside any bitterness and want for revenge towards the ex because it's your daughter that will suffer with the bad credit rating.

Will it affect her mortgage application in the future?

As previously suggested they should try and reach an agreement maybe to sell the car.

He will not play ball at all will not discuss the car or an arrangement

Sounds like your daughter got lucky if I'm reading it right. Long term I mean.

_Kaiser_

SouthDublin6w wrote: »

He will not play ball at all will not discuss the car or an arrangement

Explain it to him that he doesn't actually own the car until the final payment is made (regardless of logbook) and that is up to your daughter really and the Finance company.

That may soften his cough a bit. Regardless, I agree with the above that her best best given the situation and his attitude is to agree to have the car repossessed, sold, she pays the balance (harsh, but that's why you don't commit to paying for someone else's finance), and then she moves on without a black mark following her around on her credit rating.

Is it a brand new car he got or used? What kind do you know? That'll probably help to work out what kind of cash is involved.

Donald Trump

Deleted User wrote: »

Sounds like your daughter got lucky if I'm reading it right. Long term I mean.

Not really.


He rode her for the last 9 years and he's still riding her (in the proverbial sense) now.




OP. He owes your daughter. Maybe you can sell his debt to your daughter to the Viper or one of those dodgy fellas

SouthDublin6w

_Kaiser_ wrote: »

Explain it to him that he doesn't actually own the car until the final payment is made (regardless of logbook) and that is up to your daughter really and the Finance company.

That may soften his cough a bit. Regardless, I agree with the above that her best best given the situation and his attitude is to agree to have the car repossessed, sold, she pays the balance (harsh, but that's why you don't commit to paying for someone else's finance), and then she moves on without a black mark following her around on her credit rating.

Is it a brand new car he got or used? What kind do you know? That'll probably help to work out what kind of cash is involved.

It's a 172 Renault Megan sport. I'm willing to cover whatever balance is left after sale

0lddog

SouthDublin6w wrote: »

Okay new to boards.ie but have a query so looking for some help.

My daughter has recently split from her partner of 9 years, in january he got a new car, I was under the impression he had purchased it.

I have since found out my daughter got finance for it, she can't afford it now she's moved out and has to rent alone.

He has told her she can't stop paying as his name is on the log book as opposed to hers so the car can't be taken from him as his is not the name on the finance.

Can anyone tell me here:
1) if she stops paying will car be taken from him
2) can she change the finance into his name if he agrees.
3) since she is on the finance has she any legal right to the car.

Cheers for any help.
Walter

I wonder what the good people over at

https://www.boards.ie/vbulletin/forumdisplay.php?f=633

would say about this if asked in general terms ?

( specific legal advice isnt allowed so it would need to be a general Q. )

_Kaiser_

0lddog wrote: »

I wonder what the good people over at

https://www.boards.ie/vbulletin/forumdisplay.php?f=633

would say about this if asked in general terms ?

( specific legal advice isnt allowed so it would need to be a general Q. )

Actually on that highlighted part.. if they were living together several years isn't there now a thing about maintenance liability too?

This ex could end up being down a lot more than his car depending on the OP's daughter's situation

Mrs OBumble

_Kaiser_ wrote: »

Nothing to do with you from the finance co's perspective I'm afraid. It could even make the situation worse. She needs to deal with this herself.

This plus lots.

OP Unless you are guarantor for the loan, you need to butt out.

Tell your daughter to put on her big girl panties and sort it out.

Kristopherus

SouthDublin6w wrote: »

It's a 172 Renault Megan sport. I'm willing to cover whatever balance is left after sale

OP, you should ask a Mod to move your thread to a more appropriate forum. Perhaps Motors or Consumer Issues.