Executor of will and car finance

[Notsurehowtofeel2025]

I'm looking for some advice. I was the executor of my dad's will, he died in 2024. His finances were a mess and after funeral expenses etc there was no estate left. He had a car on finance that he had given to his gf. When he died there was still outstanding payments to be made. The finance company asked for the payments or the car back. I told them I'd never had possession of the car and gave them the details of who had it so they could collect. She initially agreed to me that she'd return the car but has since gone off the radar and hasn't returned the car, the finance company have been unable to collect it. They now want to issue me with a seizure notice to go down a legal route despite them acknowledging that I've never had the car.
what do I do here? Report the gf to the police for theft?

As executor you were responsible for settling his debts. If you were unable to you should have dealt with it at the time. As you have provided what details you have I’m guessing they will pursue via a legal route.

I gave the company the woman's details, name address etc. and told them to collect from there. She's basically stolen the car.
what do you mean dealt with it at the time? How would I deal with it other than giving them the woman's details? I don't have a responsibility to settle debts out of my own pocket, only his estate and he was skint unfortunately!
im not sure what the legal route will entail. The law is clear that im not responsible for my father's debts. The company have acknowledged that i dont have possession of the car.

AFAIK, if there is no money in the estate, all the car finance people can do is take the car back. You have told them who has it and where it is. Let them do their legal stuff and they can then collect it.

My worry is they said the seizure notice will be issued to me? What does this mean legally?
It was horrible to receive this phone call today. His death was a horribly traumatic time with a lot of shit to deal with and I honestly thought this was sorted when u sent the evidence of the who has possession of the car. I don't understand why 18 months later they still haven't collected it and are now threatening me with legal notices.

You are the executor. It is you they will chase

Helpful... I do realise that. Doesn't really answer my question though.

Debts usually die with the person if there are no assets, why did it take them so long to go after the car? I would tell the finance people that you had assumed they had repossessed the car long ago and if not they should report it to the police as stolen. Do you have documentary evidence of telling them who had the car and where they were? Who had the documents for the car? DVLA should have details of the registered keeper if she has appropriated it or sold it.

I assumed the car had been collected long ago and told them that today. I couldn't believe I was getting a phone call today about it.
yes I have emails and texts I sent to them. I even took a photo of the car at the woman's house and told them it's usually there in the evenings (they said they only work mon-Fri 9-5 🤣)
I honestly dont know who has the documents, I assume she does as they weren't in my dad's papers.
can I look up details of registered owner online?

Can you not report the car as stolen? As your father had finance on it regardless of who he gave it to it still forms part of his estate as a ‘gift’ that you have to declare unless more than 7 years?

I'm thinking I will have to call the police tbh. I've no idea if they'll actually do anything about it though.

Talk to DVLA?

They can't seize the car from you because you don't have it, perhaps it is just a legal route that they have to get court permission to seize the car but will then have to actually find it. I don't really see how they can legally go after you for the payments, but they may try, you are the easy target.

At least if you report the car as stolen you have covered your back to some extent.

I'm very uncomfortable with my name going on any seizure paperwork tbh. Yeah I'm worried they'll think I'm the easy target. It's frustrating as gave them permission to collect it 18 months ago and told them where it was. It sounds like they turned up once during the day and never went back.

I'm so angry at this woman. Who behaves like that.

This isn't true. They will go after the car. Though really you or she should now own the car as they should have written off any outstanding finance on the car when he died.

You have no culpability here as executor (many executors aren't even family, friend or a solicitor! Can you imagine if they had to cough up for a missing car?!). I would go back heavily to the dark finance company and tell them to put their threats in writing as legally they are wrong, and I suspect they know that and are just trying it on in the hopes you'll deliver the car to them and save them the job of trying to retrieve it from the girlfriend. As well as telling them you are not liable and telling them to put their threats in writing, also reiterate in writing who has the car and her contact details.

Car finance not dark finance

I don't think they'll write off existing finance. It's an extremely expensive car and had loads of finance left. Gf obviously fancies driving about in an expensive 'free' car.

Need to report to the police as stolen vehicle. They should be able to get the car back for you.

How much finance was left on the car? I was recently an executor for someone in similar circumstances - no estate (no property to sell) and when I contacted all the various organisations, they collective wrote off £35k worth of loans, credit cards, and car finance. I had to send death certificates, confirm there was no estate and they would eventually reply saying the debt had been settled with the death. The only one they pursued for a while was an overdraft on a joint account where I just had to give them the ex spouses contact details (abroad) and even then they eventually wrote me a letter saying they were no longer pursuing it.

Sounds like you did all you could. Why don't you write to the company now telling them everything again, confirm you told them 18 months ago who had possession of the car and where it was, you assumed they had dealt with it at the time. For good measure renotify of his death with death certificate along with confirmation the estate is insolvent. Confirm you never had possession of the vehicle and have no other information. At least then you have a record in writing.

Can you warn the woman the car will be reported as stolen to the police within 72 hrs unless she returns it to you? Might spur her into action

Why not go and talk with girlfriend. If she won't co-operate tell her you are going to report it stolen to the police (though it's not actually stolen as he gave it to her).

Incorrect.

you are under a duty to ensure it was all settled. If not you needed to work with the creditors to settle - either through an insolvent estate or by them taking the car back. You should not have given the car away until such time as the creditors confirmed that they were satisfied. If you’ve not done that as an executor you can be personally liable.

I've contacted the gf and told her I'll have to report to police. I gave her the option at the time to either pay it off and keep car or give it back. She agreed she'd give it back but then stopped answering calls or messages etc. Tbh from my dad's text messages it wasn't so much a gift as he took the finance out but she was meant to pay it. Stupid arrangement though as you can never trust people to pay.

But she didn’t give the car away, her father did before he passed away?