PCP mis sold car Finance - claim on compensation after Divorce due to joint payment

[Martinibabe]

I’m seeking advice regarding potential mis-sold car finance compensation (discretionary commission arrangements) linked to multiple PCP agreements during my marriage.
The vehicles were financed in my ex-husband’s name, as finance can only be in one name, but:

the cars were all registered in my name
I was the main driver and used them for work every day
All payments came from our joint bank account during the marriage
The funds used were marital/joint money

We are now divorced, and this cannot be dealt with through the difficult proceedings.
Because the money used was joint marital funds, I believe I may be entitled to a 50% share of any compensation.

Does anyone know:

• If I can claim my share directly from them if I can prove payments came from a joint account and the money was marital funds
• if contacting the finance companies would allow them to recognise my entitlement and potentially include me in any payment

if I don’t do anything, will my ex-husband automatically receive any payout or does he have to actually?claim it?

Also,

• Whether I need to contact the finance companies directly to protect my interest
• Whether compensation is automatically paid to the named borrower or whether a claim must be made (as with PPI)
• How I can protect my interest without unintentionally triggering payment solely to him

The payment will go to the person they have the agreement with.

And that would’ve been fine if we hadn’t got divorced because technically that would’ve gone back to both of us in our joint account but now we are divorced it will go to my ex-husband and I won’t see any of it and that was my money as well. You can only have the financing one person‘s name and it went in his name because when you were married, you’re not thinking well just in case we get divorced I better put it in my name. …. Surely there must be a way of me being able to have some sort of claim.

the contracts are with your ex so it will have to be done by him
who paid what and who’s name on v5 is irrelevant

The bank account doesn’t matter. Whose name was on the finance agreement? If it was joint then your entitled to half it it wasn’t then the moneys going back to the indivual named on the agreement.

Has your ex actually made a claim for the money?

The car finance company will only pay any refund due to the named person who took out the car finance, they are not going to be getting involved in anything more complicated than that. If your ex has put a claim in already, he will receive any refund owed sooner- but the finance companies also have to make every effort to contact everyone who they believe has been missold, which will take longer (and of course some people may be missed if they have moved house/ignore letters etc)- but even with this it will be him they would contact. Whether you are then entitled to some of it is completely dependent on your individual situation- it’s possible- but you’d need specific legal advice about that, the car finance company will not get involved in that.