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Slightly complicated maintenance issue!

10 replies

potatoes13 · 16/11/2018 13:54

My emotionally abusive, bullying ex pays £800 a month as guided by the CM calculator but he withholds £200. This is because when we were together he took out a finance deal on a car for me to drive. I've been happy with this as I have use of the car.

The complicated bit is that I would like him to send the £800 and then send him the £200 back as I would like to apply for a mortgage and this would give a true reflection of my incomings along with my wages and some tax credits.

He won't do this, it seems he wants to regain some control over me. I've met a new partner and I'm building a new life. I don't think he wants me to be able to get a house and succeed without him, he's angry and bitter.

This has been going on for months, AIBU to sort my maintenance through CMS so he has no control over me and potentially give him the car back?? Tried to send car back but not enough of the deal has been paid off. Xx

OP posts:
Baby1onboard11 · 18/11/2018 08:46

How can he guarantee if he sends the £800 that you’ll send the £200 back for the car you use? He can’t.

I’d tell him you’re going through cms and give the car back. Plus the mortgage provider will want to know your financial obligations. They’ll see you have £200 going out and factor this in so there’s no point

Akire · 18/11/2018 08:49

Yes the bank will want to see all outgoings including loans and such to show you can afford mortgage. So it still dosnt make you better off, in fact if you still owe couple grand may look like you can afford mortgage less.

NoSuchThingAsAlpha · 18/11/2018 08:52

So the car is "your" car, but the finance was taken out in his name? Is there a way to transfer the finance agreement over to you?

GemmeFatale · 18/11/2018 09:04

You say you have use of the car. Not that it’s essentially your car, or the car is in joint names.

I’d give up the car if that’s what he wants but insist on the full amount of child maintenance. Go through CMS if need be.

PinkJ · 18/11/2018 09:18

The car has too much finance left to go back and they won't change it over to me 😖. He's was very controlling and this is just another way he can. He's also bully.

We were together 12 years, he knows me well enough to realise that if I say I'm going to do something I'll do it.

MissMalice · 18/11/2018 09:20

So you’re paying £200 for the finance on a car that won’t be yours at the end of the term?

I’d go through the CMS and once that has been calculated (about 6 weeks) I’d give the car back. He must be minted if he’s supposed to pay £800!

PinkJ · 18/11/2018 10:15

Yep he's earns a very good salary. Xx

lifebegins50 · 18/11/2018 10:21

What is the situation with the car?ease deal or loan? When will it be finishdd?

I can understand why he won't accept your proposal as it's risky to him.
You could default on the payments which would make him liable.

Resolve the car issue so you only have CMS between you.
Do you know his salary? Just be cautious as he could adjust pension to pay less.

drquin · 18/11/2018 10:46

It's probably not that beneficial to get the £800 & pay back £200 rather than £600, as the bank will look at "affordability" for your mortgage.
Either way you have £600 "spare" (for want of a better word) ..... whether that's a straight £600 "income", or £800 "income" minus £200 "expenditure".

Personally, I'd do whatever cut my links to him, for as long as you are using the car and the finance is in his name, you've got reason to remain linked.

Starlight345 · 18/11/2018 11:25

i would have great concerns about the car. As the car is in on his finance i am assuming the car is in his name.

How long is left on finance agreement.

I would get something written up before paying anymore.

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