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Can he sell our car with no letting me know..

9 replies

ItLookHardToStartNewLife · 29/03/2011 13:13

Me & H are seperated, we have a car on loan ( its on my and his name), he is doing monthly pay and only him uses.
Because I don't have a car ( and really need one to move around with children!), I asked him to sell this car and buy a new car for me and for him. H refused.
Can H sell this car, which as is on loan to both our names, without my knowledge?

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2blessed2bstressed · 29/03/2011 13:37

I'm not sure, but I think if he's the registered keeper then he could sell it. As far as both your names being on the loan goes, I think it might be different depending on whether its finance through car dealership/manufacturer or bank loan. Hopefully someone else wiser than me will be along in a bit.

ItLookHardToStartNewLife · 29/03/2011 13:54

yes, he is the registered keeper
am just so confused, if he sells the car and will not continue monthly payment towards the loan...debt collectors will disturb only me, as H moved out and I have no idea where he lives and he is just so ass ..

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Collaborate · 29/03/2011 17:09

The registered keeper is not necessarily the owner. If is on HP or a conditional sale agreement you don't own it. The finance Co does.

Otherwise, he could sell it.

Speak to a solicitor and get the ball rolling re divorce.

scurryfunge · 29/03/2011 17:13

He can't sell it at all if there is outstanding finance.

Georgimama · 29/03/2011 17:16

He could sell it (not legitimately, but he could actually do it) with outstanding finance via pub/back of local paper/autotrader to a private buyer who hasn't got the sense to get an HPI check on it.

Agree you need to get all finances sorted in a formal way, via a separation agreement if not wishing or able to divorce at this stage.

sneezecakesmum · 29/03/2011 21:01

As you are still married half the car is still yours, though i think a court looking at financial settlement might take into account the payments he made since leaving the family home (not always though) and give him proportionately more.
It says on the V5 the registered keeper is not always the owner.
If he sells it illegally with outstanding finance, yes the creditors will come after you for the outstanding balance if they can't find him. As a married couple half his debt is half your debt. The only way you could reclaim your money would be a small claims court if you didn't want to divorce.
Get legal advice and see where you stand. It may be worth contacting the finance company but I dont think you would get far without Hs agreement.

ItLookHardToStartNewLife · 30/03/2011 17:31

I just found out that ass H is "secretly" selling this car on gumtree! am so upset! what can I do?! Angry

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scurryfunge · 30/03/2011 17:33

It is an offence if there is still outstanding payment. You could let the finance company know. You need to get into some sort of dialogue with them anyway to sort out the outstanding amount.

ItLookHardToStartNewLife · 30/03/2011 17:40

I know I must sort it out with him too, but he doesn't care. He said he will do what ever he wants!
Am going to call finance company and let them know!
Thanks scurryfunge!

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