Overhaulin'

HP on car in ex's name, where do I stand??

Last August I bought a car on HP from Suzuki Motors (using Kia finance part of GE Capital), I part exchanged my Corsa and paid £2000 cash, put the rest on finance. As I was a discharged bankrupt I could not get finance so my partner got the finance in his name. Even though in his name with the finance company I have paid the monthly payment into his bank every month from then to present time (the direct debit was set up from his account). The log book is in my name, as is the tax and insurance - my partner only as a provisional license so cannot drive it without supervison anyway. We recently split up and I cancelled the direct debit from my partners account and set up a standing order from my account to keep up the payments - problem is my ex partner is now being a pain and saying he wants the car, he says it is in his name so legally he can have it, I have contacted the finance company who said they can only speak to the Account holder regarding this matter - do I have a leg to stand on? All past payments although paid for by me have come from my ex's account, but it was my car that was traded in and my £2000 that was put down when we purchased it and it is me who have paid all the payments!!! I need to know where I stand because at present I have a standing order set up to pay them March's payment. The HP agreement is for 3 years and the agreement was taken out in August (6 months ago), so should I keep up the payments or could my ex at some time in the future come and take the vehicle off me.....I would be grateful for any advice you could give.

Public Comments

1. At the moment the car is actually the property of the finance company, no matter what it may say on the V5 and other documents. It is not in your ex's name. Neither of you legally own it. You are the registered keeper, not the owner. The "consideration" when the hp was taken out was that the vehicle is theirs until the debt with them is satisfied and they release it. Do they know that you are taking over they payments?
2. I suggest you go to a solicitor immediately. Take with you all of the documents you have to prove what you say and the payments you have made. They will need this to prove to the finance company that you are the legitimate owner and customer. You should be able to get ownership transferred to you in the eyes of the finance company with the help of the solicitor. Do not stop making payments yet as you will both loose the car if you do. Remember that whilst the car log book is in your name he cannot sell it without your signature.