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What are his rights?

12 replies

turtle16 · 04/01/2022 18:06

My new partner was in a relationship a while back, he thought they were pretty solid and so agreed to trade in his old car and buy her a new car and paid the balance himself.
They also agreed that the bed (a double) was two small and that the sofa in her place was old so choose a new bed (king sized) and sofa which he took the finance for as she wouldn’t get accepted.
Fast forward a few months on and she decides she no longer wants to be with him.
He offers to take the new car and exchange it for an equivalent to the car she had a few months prior and also to take the bed and sofa and swap it with the smaller bed from his house and his older sofa as he is still paying the finance on it now.
It was agreed that she would pay him back as she wanted to keep the car, the sofa and bed and to date no money has come.
My thoughts are: he’s screwed in relation to the car as he can’t prove it wasn’t a gift, to my knowledge she pays the insurance and services, maintains it etc.
However re the sofa and bed he is still paying for surely they are his and by rights he should be able to go and collect them if she won’t come to an agreement to pay for them??
Does anyone know where he would legally stand??

OP posts:
Overthebow · 04/01/2022 18:35

Is he the owner on the cars documents?

TowandaForever · 04/01/2022 18:50

Does he have any messages showing this agreement?

turtle16 · 04/01/2022 21:59

No he is not the owner of the car.
He does have text messages between them where she has said out of her pride she will pay him back but then the pride has no disappeared when it has come to set up a payment.

OP posts:
Elieza · 04/01/2022 22:16

It doesn’t matter who is the registered keeper on a card documents. They clearly say it’s no indication if ownership.

Can he prove he bought it and is there any evidence it was given as a gift?

She’s a right chancer her.

Elieza · 04/01/2022 22:16

Car’s not card

HeddaGarbled · 04/01/2022 22:18

Can she afford it, though? You say she wouldn’t have been able to get finance herself, which suggests she can’t.

If he wanted to buy the new stuff for his own comfort while staying at her place, it seems a bit mean to take it all away now they’ve split up. Presumably, she’s got rid of her old stuff and doesn’t want his old stuff.

I can see his side, too. It must be galling to still be paying for stuff that he no longer has access to.

Could he replace with new but cheaper bed and sofa, rather than expecting her to accept his old crap? Or does that just give him more unnecessary expense?

Herecomesthesun70 · 04/01/2022 22:26

I think he needs to suck it up. He was gullible and kind but it's backfired.
It's a harsh lesson not to buy stuff for other people

turtle16 · 04/01/2022 22:57

Herecomesthesun70
This is what I think and I think he’s feeling the same way.
It’s just so galling as this all happened after she had started to enter into a relationship with a woman. So it’s seems to me that she thought I’ll see what I can get out of this guy before I go off with her!

But at the end of the day I took credit card debt for ex’s in the past then split up and got stuck paying their debt off.
Nice people get shafted by those with no morals

OP posts:
Hankunamatata · 04/01/2022 23:22

What does he have on finance? I do wonder if he is paying something on finance in his name and she is refusing to give it back, whether he could go to small claims

turtle16 · 05/01/2022 00:03

The sofa and bed. He’s still got 18/20 months left to pay.

OP posts:
BarbaraofSeville · 05/01/2022 06:49

If he has text messages discussing a payment plan and none has been forthcoming, he has sufficient evidence to use the small claims court.

It won't necessarily lead to him getting all the money, especially if she can't afford to make payments, but he should firstly inform her by text, email or a letter that he intends to make a claim if she doesn't start to pay.

They should also have a conversation about whether she can't or simply won't pay as there's probably no point going to court if she can demonstrate she can't afford to make payments.

But if she can afford to pay the agreed amount and she's just stalling, it's a simple process with a modest fee and is probably all online these days.

Elieza · 05/01/2022 12:33

He needs to go to a solicitor. The first half hour is free.

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