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Original poster

Ex threatening to take car

23 replies

Anony11 · 11/10/2024 00:17

Does anyone have any advice on this please? My partner who is now my ex took out car finance on his name and I paid him every month and the car is in my name. The reason being is that my credit rating wasn’t great and I needed a car. I am paying the money into his bank account every month without fail and haven’t missed a payment. We have been apart for nearly 2 years and I have 3 years left to pay on the car.
I have paid for over half the car but now out of pure spite he’s saying he wants to give the car back.
Ive heard of something called fronting which is classed as fraud if you take out finance on behalf of someone else. I know Im not entirely blameless for agreeing to it but like I said I haven’t missed a payment and I need a car for work and to take our 3 children to school.
Does anyone have any advice on where I stand with this. I’m not in a position to pay the remainder of the balance and I don’t think he wants me to do that anyway.
any advice would be appreciated.

OP posts:
Milkand2sugarsplease · 11/10/2024 00:21

Fronting is to do with the insurance policy on a car. Naming an experienced driver as the main driver on a policy for a younger person to get it cheaper for example.

If the finance is in his name then he would be able to hand it back to clear the account if he no longer wants it on his name or can't afford it or it's having an impact on his borrowing capacity for his own needs.

You'd be better off handing it back and getting something else you can afford even if it's older in the short term.

UncharteredWaters · 11/10/2024 01:40

How is the finance on the car arranged?
is it a loan from a bank in his name?
if the car is in your name/ownership is registered to you he can’t take it.

if only the insurance is in your name you don’t own it.

if it’s car finance from the company you bought from in his name, and tied to the car then how is ownership yours?

UncharteredWaters · 11/10/2024 01:42

Either you’ve been paying for something you don’t own, or he has a loan not actually tied to your car and thus nothing he can do about it.

Interested in this thread?

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General money
CuriousGeorge80 · 11/10/2024 01:48

If the car is in his name, then the biggest risk you have is that you pay it all off and then he takes the car from you. Can you return it and get a car in your own name, even if it’s not as good, so you aren’t left exposed?

Shade17 · 11/10/2024 07:52

if the car is in your name/ownership is registered to you he can’t take it.

Rubbish. The name on the V5C has nothing to do with ownership. The owner is the person who paid for it, the paper trail here is in his name if he has the finance agreement for it.

Kazplus2 · 11/10/2024 07:58

Has your credit rating improved since you took the car out. If so just hand it back and start fresh with something in your own name.

KitsyWitsy · 11/10/2024 08:02

Legally, it’s not your car. I don’t think there’s anything you can do.

porridgecake · 11/10/2024 08:06

Stop paying, let him take it now. He is probably waiting till you have paid in full then taking it. He sounds awful. If you can make regular payments can you look at alternative car finance?

Acrantala · 11/10/2024 08:07

I don't work (sahm) and was buying a brand new car in cash. We were told in conversation by the dealership that Dh could not take out a PCP in his name if the car was intended for me. I think it has to do with the terms and conditions of the PCP.

We had saved up anyway because with zero income I could not get a loan or PCP for what is essentially our family car.

porridgecake · 11/10/2024 08:09

Does your employer offer any payment plans if you need a car for work?

coffeesaveslives · 11/10/2024 08:10

If he's the one paying for it and the finance is in his name, it doesn't matter whose name is on the VC5.

He can take it if he doesn't want to pay for it anymore.

coffeesaveslives · 11/10/2024 08:11

if the car is in your name/ownership is registered to you he can’t take it.

This isn't true and it even says that all over the VC5 paperwork you receive when you register the car.

frozendaisy · 11/10/2024 08:13

Can you say he needs to be in charge of the school runs then if he takes the car? Leaving you just your commute to sort out.

Chowtime · 11/10/2024 08:52

My advice to you is to give the car back because you don't really have a choice anyway.

Then get your own car, your credit rating will have improved hugely over 2 years.

GloriousGoosebumps · 11/10/2024 08:53

You do not own the vehicle, but you do have legal rights. You need to contact the Citizens Advice Bureau or similar who can help you draft a letter and institute legal proceedings if necessary. When your ex agreed that he would take out the finance but that you would make the repayments and own the car an oral contract came into force. The repayments you made was your consideration for the contract which he is threatening to breach. I say you'd be entitled to the return of your payments at the very least and the CAB may be able to substantiate an argument for interest on the money. Given that it's the car you want rather than a refund of your money, you need to move asap before your ex takes the car. It would also be a good opportunity to ensure that he understands that the car becomes your property when the finance if paid off,

tiredandtiredandtiredandtired · 15/10/2024 18:42

I bought a car years ago that was registered in my name but my ex paid for the finance as I had been a student and he kept telling me they wouldn’t give me the finance as I’d not been in a job long. We split up a year later and he kept telling me I wouldn’t get finance or a loan. I had a meeting with the bank and they gave me the money to pay off the finance in the form of a loan so he had nothing to hold over me. The car has always been in my name. The finance was in his but I made sure to see he’d paid for it.

DeliciousApples · 15/10/2024 19:15

Thing is that he could wait until youve paid for the whole car...and then keep it and there's not a damn thing you can do about it if it's in his name for the finance.

So better to get rid now. Maybe he's moving in with his life and needs a cheat credit history. Or his new gf has o he red. Who knows. But you can do without him and hopefully get your own finance. Try. See how much you could get fur a bank loan and perhaps you can buy it off him.

I'd also say (if you're going to be car less)

'that's fine ex, so as I will no longer be able to take dc to school what time will you be collecting them at daily on your way to the office?". And make sure you get the right money from him for dc.

Ruth108 · 15/10/2024 20:52

Yes, fronting car finance is a criminal offense. Fronting is a fraudulent act that occurs when someone takes out a car finance agreement on behalf of another person.

The consequences of fronting can be severe and include: Prosecution for fraud, A criminal record, Large fines, Difficulty getting insurance in the future, and Difficulty obtaining credit for other financial products and services.

As you are not the agreement holder you will not be able to discuss any aspect of the finance with the finance company without his permission. Including changing anything such as bank details

If he defaults they will repossess the car and you will have no rights to it.

The name cannot be changed on a finance agreement. You would have to purchase the car from him and settle the finance.

See your solicitor urgently about this, as he may be able to factor in what you've already paid as part of your divorce settlement to purchase a new car.

TreadSoftlyOnMyDreams · 15/10/2024 21:13

I’d be promising him I’d pack said car with three children, all their possessions and drop them off together before taking the overseas post, no dependents role that work have offered you for two years. Which he’s leaving no choice but to take to improve your finances.

He sounds like an absolute gobshite. You’ve had some good advice re solicitor and CAB. I’d go straight to the first with no messing around. A legal letter saying he needs to refund the payments made by you to you if he hands back the car in breach of your agreement might cool him off . Along with a letter to sign selling the car to you for £1 when the finance expires.

Have you checked the resale value of the car? Is it cheaper to buy one the same age and mileage than to keep repaying it with him holding it over you? Do you have to come up with a lump sum at the end of the agreement?

Sjh15 · 15/10/2024 21:14

Personally I think this is far more complicated than mums net, I’d speak to a solicitor or citizens advice, or even a car finance company. X

Pherian · 15/10/2024 21:28

I think you need legal advice. If you can’t afford it, I suggest contacting citizens advice.

Also make sure that you keep all of the messages and correspondence between you about it.

When you send the payments - in the note section are you referencing that it’s for the car loan ? You need to go to the bank and get a record of all the payments you’ve made to him.

PyongyangKipperbang · 15/10/2024 23:35

"OK, take the car. The kids will be ready for you to get them to school at 8am every weekday morning "

Welshmonster · 16/10/2024 11:22

Check your home or car insurance and see if you selected legal advice as you can ask them anything

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