Many thanks for all your replies guys. I finally managed to speak to someone who was way more helpful than the rest. He has advised and assured me that since the finance agreement is in my name and not joint that I am 'legal owner' of the vehicle. They have sent me a 'voluntary surrender' letter which I've signed and have given his address and they say they'll take it from there. If he refuses to hand over the vehicle, they will get the police involved.

Lisa

Doesn't matter if the car is in your name and you are an ex, he could have removed this from your home that you share... it is technically your possession and legally you have not given him permission to continue using the vehicle. Someone I know had this very same thing happen the police took possession and gave it to the finance company.

Astonman

I did think about suggesting reporting this to the Police. However, I don't think they would get involved as the ex has the car keys and documents. This suggests the car was given and not stolen. Police don't get involved in personal disputes, therefore only avenue in this case is for the finance company to retrieve the car.

Sorry can I ask a question if still relevant? Is the car in your name? If so, report the car stolen... the police can the collect the vehicle and you can arrange to hand the car to the finance company.

Otherwise you will have to pay back the loan.... is the Personal loan arranged via a bank or via a car dealer (as they can offer this) if the bank, they have to accept your offer to accept reduce payments, as they have an obligation to act responsibly... Otherwise refinance the the debt with someone that does not tie in with a homeoner....

Good luck

Huckster

Thanks for your advice. It is much appreciated.

I shall contact the finance company this evening and let them know the location.

Lisa

Hi

Tell them your ex has the car, the keys and V5 and they will have to get them from him.

Even if they don't get the keys and V5, it will not stop them putting it on the back of a trailer. They will put him under investigation and take the car when the have the opportunity.

You cannot do any more.

Huckster

They've told me they need keys and the V5 document to take the car, none of which I have. I don't even know for certain if the car is there anymore as he has had a habit in the past of hiding it away!

Lisa

Write to them explaining the circumstances and that you wish to hand the car back. Provide the address where the car is kept and the loan company will take it from there. They will have a set process to follow as I expect this situation is very common, particularly at the moment during a recession.

This is the fault of your ex and he will have to deal with the bailiffs when they come to take the car back.

Huckster

Huckster - thanks for the advice, I don't think your cold hearted at all! :)

The car isn't a Finance agreement. They advised me it was a personal loan for a car.

I'm in no position to hand the car back as the ex has it and is refusing to give me it.

Its a nightmare and I seriously do not know what to do. I'm at my wits end!

Hi

The finance company part own the car and are entitled to the payments outlined in your agreement. If people were allowed to vary payments afterwards, you can just imagine the number of people that would try this.

Your financial and personal circumstances have changed, but this is not really something which a finance company can make an allowance for. The situation would be looked at differently if it was a mortgage for a house as lenders have some responsibility to be reasonable i.e try not to make people homeless.

If you cannot pay, then you should hand the car back. They will take action otherwise and you will incur further charges e.g. court/bailiff fees. They will win in the end and it will cost you more in the end if you delay.

Sorry Lisa that I may have come accross cold hearted but I think you would prefer a straight answer.Ask Citizens Advice or consumer Direct for another opinion.

Huckster

I stupidly agreed to get a car on finance for my now ex fiance and up until we split up last May we were jointly paying for it. I left in May and he continued to pay it himself until the beginning of this year.

Long story short I am not being chased by this debt company who either want me to hand back car or give them the remaining balance £16,000.

I called them last week to try and sort out a reasonable payment scheme and offered to pay £200 a month but they told me they were looking for more, £873 to be exact!!!

My question is. Can they refuse an amount?

I'm at my wits end as they are now threatening courts/lawyers and arrestment of wages.

Thanks in advance

Lisa