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Original poster

Can finance company take my car?

11 replies

Inebriatededna · 13/09/2013 09:55

Just over two years ago my Xp and myself bought a car , we had planned to use the proceeds from selling my car and a bank loan that we would both pay however unbeknown to me when my partner went to buy the car he decided to keep some of the bank loan for other things so paid half the car (approx 3500) in cash and took out car finance for the rest.
The car has always been in my name and for the first year we paid half the loan and car finance each then when we split up I paid it all myself for a year and for the last 6 months since the bank loan has been paid up I have paid the car finance into my xp account as the finance and direct debit are in his name .
My question is if he cancelled the direct debit as he is constantly threatening to do despite me giving him the money would the finance company seize my car ?

OP posts:
stowsettler · 13/09/2013 10:08

Straight answer is yes, they would.
However, I'd get myself down to CAB as soon as possible if I were you - there is at least a paper trail of you giving him the money to pay the loan, because you put it into his account.
I'm not sure they'll be able to do much for you in terms of your car, but it's worth a shot.
Good luck. What a bastard.

flowery · 13/09/2013 10:11

Can't you get in touch with the finance company and say you want to pay them directly from now? No idea if they'd allow this.

Original poster
Inebriatededna · 13/09/2013 10:13

Thanks for the replies ,I don't know who the finance company is its all in his name.

OP posts:
curlyclaz13 · 13/09/2013 10:17

can you get in touch with where you bought the car about the financing ? they would have a record I would think.

flowery · 13/09/2013 10:45

The finance company will have to get in touch with you eventually anyway, if you are the registered keeper of the car. They will make reasonable effort to get money out of your ex but will need to speak to you to be able to take it anyway.

I would make all attempts to find out which company the finance is through, and the place you bought the car would be the first point of call. If they are unwilling/unable to tell you, put the money aside and they'll be in touch with you at some point at which time you pay them in full.

Original poster
Inebriatededna · 13/09/2013 13:54

Thanks I got it from a Renault dealer so that's a good idea I will contact them

OP posts:
flowery · 13/09/2013 13:58

It's probably Renault's own finance facility I imagine.

34DD · 13/09/2013 20:54

This reply has been deleted

Message withdrawn at poster's request.

trixymalixy · 13/09/2013 20:59

I don't think the finance company can take the car without a court order if you have paid a certain amount off. I think it's a third, but best to get some proper advice.

I think the legislation is referred to as halves and thirds.

VodkaJelly · 16/09/2013 16:50

trixy is correct. If you have paid off a certain amount of the balance then they finance company cannot take the car.

They would have to go to court and a baliff would be able to take the car. But that is only if you fail to keep up the payments.

KatoPotato · 16/09/2013 16:54

I think as the finance was originally only for 50% of the car's price and you've paid more since then the halves and thirds rule will protect you.

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