HELP!! Babies Dad Refusing to Pay Car Loan Back!!

[MissB19]

Good afternoon,
I am hoping someone can help me. I am at a loss.
I took out a loan for my no ex boyfriend. My babies dad. The loan was for the purchase of his BMX X5 which he is still driving. The loan is a unsecured personal loan in my name. I never had my name on the car.

The loan money come straight in and went straight into the sellers bank account ref 'BMX X5'

I even paid the tax and insurance on the car. I have evidence of all of the above.

We are currently going through a custody battle and to add insult to injury he is now refusing to pay the £200 per month off the loan. Leaving me with the debt. He has been paying it referrceing the repayments 'X5' or 'his name repayment'

The loan was taken out Oct 2018 and payments have stopped this month.

I have a letter of his solicitor which addresses the matter briefly stating:

'regarding the issue of a loan agreement including a draft loan document. We are not instructed to advise in respect of this issue. We are not qualified to advise Mr. ££££ in respect of any such proposed agreement and we would be grateful if you could please ask your client to refrain from sending any further communications to us direct on this issue. We are instructed that Mr. ££££ will continue to meet the payment of £200 each month to you client'

I am hoping all or any of the above would help support my case through the small claims court or any other suggestions would be greatly appreciated.

He contributes just £7 per week for my daughter and now in theory taking £43 off us each week.

Thanks in advance xx

How much is left on the loan?

You have a lot of evidence to prove it was definitely a loan with the expectation of repayment so you would have a strong case if you took him to the small claims court for the money.

Is this a 'won't pay' as opposed to a 'can't pay'? ie he hasn't lost his job has he?

But then why is he giving you so little money towards his DD?

As you have evidence of the loan, as Jolly says, the small claims court is the way to go.

Maybe tell him in writing eg email, that if he doesn't keep up paying that you will use your rights to recover the debt via the small claims court and you will also involve the CSA to instruct him to pay the full amount of maintenance due. And do it if he doesn't pay up.

There is £8765 left to pay on the loan.

I have emailed him and his solicitor to inform the I would be going to county court. They seem to think I don’t have a leg to stand on.

He is refusing to cooperate with csa. Saying as he is unemployed “on the sick” he doesn’t have to pay.

The payments for the loan have always come from his mothers and fathers bank accounts.

Always referenced to the car.

I have that from the solicitor.

Thank you xx

It is a case of he won’t pay.

He has been on the sick since sept 2018 but was still paying the car loan. Or as mentioned above the mum and dad was paying it.

This is a man of 28 who merely won’t step up.

He refusing to pay anymore because I am enforcing a drug test via court and cafcass.

Simply a was to make life harder for me and my daughter x

I have emailed him and his solicitor to inform the I would be going to county court. They seem to think I don’t have a leg to stand on.

His solicitors haven't said that, unless you've got more comms from them than the ones above. They've just said that they are not instructed to advise him with regards to the loan agreement, and asked you not to send them any further information about the loan. They've passed on that they understand he intends to keep paying the monthly amount.

Like the others have said, your next step is to take this to the small claims court.

Not an expert but if it's not been coming from him directly then I think it would be hard to prove it was a loan. Has it ever come from his account and do you have any other proof? - emails/ text messages etc?

You say the loan is in your name OP. Do you have a written agreement between you and your ex stating you are loaning him the money and detailing what the agreed timeframe is for repayments with frequency/amounts? If you don't have anything between you in writing then they're probably right, you don't have much of a case. You see this time and again on Judge Rinder - no written agreement, no case.

If you have paid for the car and you can prove you paid for it - the car must be yours? Tell the ex to return your property so you can sell it and get some money back.

@panamapattie I assumed that but because I am not on the v5 (or something) it is class as his. He won’t return it. Still driving it x

@HopeYouStepOnALego that is what I am scared of. There was no written agreement. There are texts confirming he will pay. Only the above from his solicitor. The repayment to be 1st of every month and had been. Coming from the same bank account each time and with the reference “X5 repayment”

@Mummyshark2018 I have text messages and emails. It comes from the same account with reference each time it had been paid x

@AnchorDownDeepBreath sorry the leg to stand on was with reference to him and his mother. Stating I wouldn’t have a leg to stand on if i took them to county court (small claims court)

Would this from the solicitor help my case? Or would it be irrelevant x

Small claims court is on balance of probability. I'd say you have enough evidence. You don't have a lot to lose by taking him to court.

V5 is not proof of ownership. Do you insure the car in your name or his?

It’s not just, but with no written agreement and it being an unsecured personal loan in your name all he has to say is that the car was a gift.

Past payments from his parents could be them helping you (not him).

You’ve never been on the car paperwork so you can’t claim to own it without an agreement between you and him saying that you are owner and he is keeper.

I wish this isn’t what I see. Because in a just world, that debt would have his name on it, not yours.

I’d try and get some free legal advice before committing to fees for going to court.

But there is nothing stopping you from approaching his parents if they are decent people and have any influence over him. They might be able to help you with the debt or get him to give up the car so you can at least sell it and get some money towards paying off the debt.

So even though his solicitors have said he will continue to pay £200 a month, he's told you directly that he won't?

If you go to small claims, even if you win, he won't be forced to pay as he has no income. He could be paying off £10 a month forever. So think about if it's worth it.

I added the car and him to my policy x

thank you everyone.

I cannot approach his mother as she is the one refusing to pay. he doesn't pay it has always come from the business account.

i am going to see support through court today so hopefully they can advise.

we are currently going through a custody disrupt with our daughter and as he isnt getting his own way and the court have ordered a drug test he is punishing me. or that is how it feels.

i am hoping the judge will consider this at our next hearing. as i am the only one providing for our daughter and he is further hiding me and my ability to do so but now refusing to pay the bill.

thanks again xx

Hi @MissB19,

If you have proof the car is owned by yourself, such as a receipt or payment plan then the car is yours.

The v5 is nothing todo with ownership of the car. It even states this on the front of the v5.

So he has no insurance other then being a named driver on your policy? Then remove him right a way. Don't tell him of this.

Before you go down the court road, phone the police.
You phone them on 101 and report your car stolen. You explain that you borrowed the car to your ex boyfriend but now have asked for it back due to circumstances changing and he has refused to return the car.

You don't give them the life story about a loan or any of that, you keep it to the legal. You own the car, he used it while you were together, after the split you allowed him to borrow it, but that time is now over and you want your car back.

After you get it back, remember you owe him nothing. Don't ever let him use it again, you sell it and repay your loan.

If the loan money went into your account and you paid the seller, do you have a receipt for the payment in your name OP? If you do you are the legal owner of the car and can demand it back. His name being in the V5 only makes him the registered keeper (ie someone you have allowed to have use of your car) and you can revoke that. Under no circumstances should you remove him from the insurance without telling him because allowing someone to drive your car when you know they're not insured is an offence and you could be prosecuted. If you're going to remove him then let him know in writing so you have a paper trail. Find out if there is a bill of sale in your name as that gives you the strongest standing.

I’d send a letter to him and the mother staying you are going to the small claims court unless you receive the full loan amount (the 8k not £200 a month) or the car. You paid for it. You own it. Totally disgusting that he’s refusing to pay yet driving around it. I’m sure the court ordered a drugs test for good reason. He needs to grow up and step up. I’d send him a letter daily to really annoy him until he pays up or gives you the car.

This happened to my friend, she got screwed over by her ex who had actually done it before. In the end he gave her the car.

You are the owner and registered keeper? And its your insurance? In that case you need to get the car back, sell it and repay the loan.