Friend screwed over

[CraigJ]

Hello all,

this is my first post, so go easy . Any advice or critisism is more that welcome.

I am writing this on behalf of a friend who is in need of help. I may not know all of the details involved, but will try to describe the situation to the best of my knowledge.

My friend (X) bought a car on finance on behalf of one of his friends (Y). Y is in possession of the car (and driving it) and X is paying the finance. There was a mutual agreement between the two that Y would pay X on a monthly basis.

Hope You're following so far. Person Y has stopped paying X and has cut all contact with X (new phone numbers etc.). This has gone on for several months now and X is still paying the finance on the vehicle.

X also took out an insurance Policy for the Vehicle with Y as a named driver (as Y could not afford her own policy and X has full no claims). Although Y is the holder of the Vehicle, it is in fact registered to X's Adress.

I realize that it would be best for my friend to write this in person; I am just trying to investigate his options.

What can and can't X do with regards to repossession. It's at the point where it's clear that Y isn't going to pay and from what I can see X is the legal owner of the vehicle.

Thank you in advance for any advice.

Regards,

Craig

[fisicx]

Who's name is on the the logbook? If it is Y then X is going to have a problem proving the vehicle is his which means it is unlikely anyone will aprove a reposession.

The insurance is again a bit of a problem, the policy has X as the main user of the vehicle with Y as a named driver. Since this was done to avoid paying the full premium the insurance comapny could regard this as fraud. X should stop the insurance for Y immediately. This also means thay can't renew their car tax.

A bit of a dog's dinner really. It's very likely you are going to end up paying a solicitor to contact Y to ask for the money (assuming you know where she lives!)

Caveat: this is my opinion only - it is not to be taken as legal advice!

[CraigJ]

Cheers for the Quick reply.

X's name is on the logbook. That's why as far as I can see X is the legal owner.

Would this mean that Repossession is an option?

X is keen to get this sorted as quickly as is possible. From what I've gathered Y is a nasty piece, and would likely cause damage to the vehicle if threatened with repossession or court. (She was recently evicted from a house due to non payment. Before leaving she managed to cause over £5000 in damage)

Dogs Dinner would seem to be an understatement .

I think I'll also post this topic in the legal advice.

[fisicx]

Repossession is only possible by the creditor (the finance company) after a default notice has been served. They then have to go to court to get permission to repossess the car. They will also charge you for the repossession and if the debt is over £750 can declare you bankrupt!

Car Repossession

Advice from TheSite

So it looks like X is well and truly stuffed. It think they need to get a lawyer ASAP.

[Ian J]

Originally Posted by fisicx

Repossession is only possible by the creditor (the finance company) after a default notice has been served.

I'm not sure that is the case as you are talking about finance agreements that are regulated by the Consumer Credit Act.

This seems to be about a person who bought a car on finance which is registered in his name and insured by him which he has allowed someone else to drive and I can't see why he can't just repossess it any any time - if he has a key

[fisicx]

Good point, didn't think about that. And even if they don't have a key, they can get a replacement using the logbook as proof or ownership.

[TWD-Tony]

Why doesn't "X" just report the car to the police as stolen? Or have I missed something????

If "X" is the legal owner of the car then they can just report it to the police can' they?

Although having your name on the Log Book does NOT prove ownership (the log book just names the registered keeper) it is still stolen property...

[CraigJ]

Tony, strangely, my father is a policeman. The police wouldn't be interested as it's a civil matter and not infact stolen. The case would have to go to a civil court.

However, by a stroke of luck Y contacted X on friday to say that the car had broken down, and would he help her by paying to get it repaired (the cheek of some people!)

Thus, we went with the RAC yesterday to get it recovered. Had a look at the car myself, and luckily it's just a reciever for the immobiliser that needs changing. Once that's done just need to change the locks. To top it off X moves house on wednesday. So Y won't have the option of 'bricks through windows' . At the moment she still thinks she's having the car back when it's fixed.

Thank you to all that have replied. The help is much appreciated

Regards,

Craig

[misch.chief]

I would still think you can say it is stolen - taken without consent, but I suppose your father would know. What horrible people in the world!

[BusFor]

Sounds like he might not have much hope, not sure what he could do!